Rajiv Sahai Endlaw, J.

Caveat No.810/2013.

1. The counsel for the caveator appears. The caveat stands discharged.

CM No.14445/2013 (for exemption).

2. Allowed, subject to just exceptions.

3. The application stands disposed of.

RFA No.438/2013 & CM No.14444/2013 (for stay).

4. This appeal impugns the judgment and decree dated 8th August, 2013 of ejectment of the appellant from shop No.103-B, 1st Floor, Meghdoot Building, 94 Nehru Place, New Delhi earlier in the tenancy of the appellant/defendant and for recovery of mesne profits/damages for use and occupation from the appellant/defendant.

5. The counsel for the appellant/defendant on enquiry states that copies of the entire relevant Trial Court record have been filed along with the Memorandum of Appeal. With the consent of the counsels the appeal has been heard finally.

6. The counsel for the appellant/defendant has argued that the respondent/plaintiff is not entitled to a decree for ejectment because (i) the respondent/plaintiff is not the owner of shop No.103-B supra in the tenancy of the appellant/defendant; (ii) the respondent/plaintiff is not the landlord of the shop in the tenancy of the appellant/defendant;