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2014 Supreme(Del) 2400

J.R.MIDHA
Inder Mohan Singh – Appellant
Versus
Sube Singh – Respondent


Advocate Appeared
For the Appellants:Tarun Bedi, Advocate.
For the Respondent:Deepak Sharma, Manish, Kirti Uppal, Sr. Advocates as amicus curiae.

Judgment

1. The appellants have challenged the judgment dated 15th April, 2013 whereby their appeal against the decree for possession passed by the learned Civil Judge has been dismissed by the First Appellate Court. For the sake of convenience, the appellants have been referred to as “the defendants” and the respondent as “the plaintiff” as per their ranks before the Trial Court.

Factual Matrix

2. The plaintiff instituted a suit for recovery of possession and rent/mesne profits in respect of property bearing No.3347, Ranjit Nagar, New Delhi against the defendants. The plaintiff prayed for decree of possession of the plot of land underneath property No.3347, Ranjit Nagar, New Delhi; mandatory injunction for directing the defendants to remove the superstructure over the plot of land; decree for Rs.196/- towards arrears of rent/damages for the period of 1st January, 2008 to 30th April, 2010; and future mesne profits/damages for use and occupation after an enquiry under Order XX Rule 12 CPC. The case set up by the plaintiff in the plaint is as under:-

2.1 The plaintiff is the owner of plot measuring 200 sq. yards underneath house bearing Municipal No.3347, Ranjit Nagar, South Patel Nag





























































































































































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