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2017 Supreme(Del) 1320

VALMIKI J.MEHTA
VINOD KUMAR – Appellant
Versus
SARWAN KUMAR SHARMA – Respondent


Advocates Appeared:
For the Appellants :Mr. D.D. Sharma, Advocate.
For the Respondents:Mr. Sandeep Kapur, Advocate with Mr. Mohit Mudgal, Advocate, Mr. Dheeraj Deo, Mr. Mayank Dutta, Advocate and Mr. Ishan Shivakumar, Advocates.

JUDGMENT :

VALMIKI J. MEHTA, J.

1. This Regular Second Appeal under Section 100 of Code of Civil Procedure, 1908 (CPC) is filed by the defendants in the suit impugning the concurrent judgments of the courts below; of the First Appellate Court dated 16.2.2016 and the Trial Court dated 30.11.2012; by which the suit for possession and recovery of mesne profits of the respondents/plaintiffs has been decreed.

2. The subject suit was filed by the respondents/plaintiffs by pleading that the parents of the appellants/defendants, namely Smt. Shanti Devi and Sh. Sarju Parshad were tenants with respect to the tenanted premises comprising of two rooms on the ground floor of the property no.46/2-C/1, East Azad Nagar, Delhi-110051. The respondents/plaintiffs are owners/landlords of the suit property. The monthly rent of the suit property was Rs.60/- per month. The tenants Smt. Shanti Devi and Sh. Sarju Parshad expired but during their lifetime the contractual tenancy of these tenants was terminated by the legal notice dated 23.1.1989 sent by the respondents/plaintiffs through their counsel. Since the appellants/defendants were not financially dependent upon the deceased tenants, hence they did not
































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