RSA 109/2016

1. This Regular Second Appeal under Section 100 of Code of Civil Procedure has been filed by the appellant/plaintiff impugning the judgment dated 19th December, 2015 passed in RCA No.31/2015 whereby the First Appellate Court allowed the appeal preferred by the respondent/defendant under Section 96 of Code of Civil Procedure and reversed the judgment and decree dated 10th March, 2015 passed by the learned Trial Court in Civil Suit No.177/2014.

2. The Learned Trial Court vide its judgment dated 10th March, 2015 has decreed the suit filed by the appellant/plaintiff for recovery of rent/damages. As a result of the judgment impugned of the First Appellate Court, the suit of the appellant/plaintiff stands dismissed.

3. Briefly stating, Civil Suit No.177/2014 was filed by the appellant/plaintiff against the respondent/defendant for recovery of rent/damages for use and occupation in respect of the shop in Property No.16/1541-E, Arya Samaj Road, Bapa Nagar, Karol Bagh, New Delhi-110005 (shown in red in the site plan). The case of the plaintiff is that he purchased property No.16/1541-E, Arya Samaj Road, Bapa Nagar, Karol Bagh, New Delhi-110005 from Smt.Barji Devi wife of