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2015 Supreme(Del) 3517

VIPIN SANGHI
SHIV KUMAR – Appellant
Versus
SUMIT GULATI – Respondent


Advocates Appeared:
Mr. Anil Sehgal, Mr. Om Prakash and Mr. Lalit Kumar Khurana, Advocates

JUDGMENT:


VIPIN SANGHI, J. (OPEN COURT)

1. The present second appeal is directed against the judgment and decree dated 19.10.2015 passed by the learned ADJ-02 (NW), Rohini Courts, Delhi in RCA No.24/2013, whereby the said first appeal preferred by the appellant/defendant has been dismissed and the judgment and decree passed by the Trial Court, namely, CCJ cum ARC (NW) Rohini Courts, Delhi dated 26.03.2012 in Suit No.325/2011 decreeing the suit of the respondent/plaintiff under Order 12 Rule 6 CPC has been upheld.

2. The respondent/plaintiff filed the suit, inter alia, claiming a decree for ejectment/possession in respect of the suit property by claiming that he is the owner and landlord thereof and that the defendant is his tenant.

3. In the written statement filed by the defendant, the defence of the defendant/appellant was, inter alia, as follows:

“It is submitted that the plaintiff was owner of the suit property before November 2007. It is submitted that the plaintiff let out the premises on rent. The defendant took the suit premises on rent of Rs.300/- per month excluding water charges and electricity charges.”

4. The defendant also claimed that the parties had entered into an ag





















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