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2016 Supreme(Del) 1510

ASHUTOSH KUMAR
ANUKRITI DUBEY – Appellant
Versus
PARTHA KANSABANIK – Respondent


Advocate Appeared:
Ms.Indira Unninayar, Ms.Nina Bhalla & Mr.Narayan Krishan, Advocates.
Mr.Manish Vashisht & Mr.Amit Kumar Thakur, Advocates for Respondent No.1. Mr.Rajeev Sharma, Proxy for Mr.Ajay Dabas, Advocate for Respondent No.2.

JUDGMENT :

ASHUTOSH KUMAR , J.

1. Heard the counsel for the parties.

2. The present second appeal arises out of judgment and order dated 30.01.2016 passed by the Additional District Judge-2, South West District, Dwarka Courts, Delhi in RCA No.34/2015 whereby the judgment and decree of the Trial Court dated 30.09.2015 in CS(OS) No.133/2015, allowing the suit of the respondent No.1 under Order 12 Rule 6 of the CPC, thereby entitling respondent No.1 to recover possession of the suit property from the appellant, was affirmed and upheld by the Appellate Court.

3. The respondent No.1 filed a suit bearing CS(OS) No.133/2015 for a decree of possession and eviction in his favour and against the appellant/defendant No.2 and respondent No.2 (husband of the appellant) in respect of suit property No.F-71, DG(S) Apartments, Plot No.6, Sector 22, Dwarka, New Delhi as well as for mesne profits. The case of the respondent No.1/plaintiff before the Trial Court was that he is the landlord and absolute owner of the property referred to above (hereinafter called the suit property), where husband of the appellant was inducted as a tenant on a monthly rental of Rs.15,500/-. A tripartite agreement was exe











































































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