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2016 Supreme(Del) 3607

VALMIKI J.MEHTA
BHAGIRATH VERMA – Appellant
Versus
DADA DEV MANDIR PRABANDHAK SABHA (BARAH GAON) PALAM – Respondent


Advocates Appeared:
For the Appellant :Mr. Rakesh Kumar, Advocate, Mr. Prabhat Kaushik, Advocate, Mr. Rupesh Kumar Sinha, Advocate, Ms. Swati Mishra, Advocate and Mr. Lakhan Singh, Advocate.

JUDGMENT :

VALMIKI J. MEHTA, J.

1. These three Regular Second Appeals under Section 100 of the Code of Civil Procedure, 1908 (CPC) are filed against the identical and concurrent Judgments of the courts below; of the Trial Court dated 15.12.2014 and the First Appellate Court dated 10.6.2016; by which the courts below have decreed the suit for possession filed by the respondent/plaintiff/society/ landlord against the appellants/defendants/tenants with respect to suit properties being shops in Dada Dev Mandir Complex, Palam, Delhi. For the sake of convenience, since facts are more or less identical, I will refer to the facts of RSA No.286/2016 which is with respect to the suit for possession of shop no.27.

2. Respondent/plaintiff is a society registered under the Societies Registration Act, 1860. Appellant/defendant admits that he is a tenant of the respondent/society. In Delhi, when a suit is filed by a landlord against a tenant for possession and mesne profits with respect to the tenanted premises, it is to be seen firstly as to whether there is a relationship of landlord and tenant between the parties, secondly as to whether if the suit premises are governed by the Delhi Rent Control





















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