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2018 Supreme(Del) 1516

PRATHIBA M.SINGH
POMEY PLASTIC WORKS – Appellant
Versus
GULSHAN ARORA – Respondent


Advocate Appeared:
For the Appellant :Mr. Rajat Aneja and Ms. Nisha Sharma, Advocates
For the Respondent: Mr. Gulshan Arora and Mr. Shitiz Arora.

JUDGMENT :

Prathiba M. Singh, J.

1. The present appeal arises out of the Trial Court’s judgment dated 11th February, 2013 by which the suit of the Respondent/Plaintiff (hereinafter, “Plaintiff”) was decreed in the following terms:

“Keeping in view the decision on the various issues, the suit of the plaintiff is decreed for the possession of portion shown in red in Ex.PW1/2 i.e. first floor. Plaintiff is also directed to take the charges @ Rs.3000/- per month with respect to the portion shown red on the site plan Ex. PW1/2 on the first floor with 8% interest from the date of 30.09.2004 till delivery of possession with 10% increase per annum until compoundable.”

2. The Plaintiff – Sh. Gulshan Arora is the exclusive absolute owner of an industrial plot no.A-79, G.T. Karnal Road Industrial Area, Delhi-110033 admeasuring 453.33 sq. yds,. allotted by the DDA. The manner in which the Plaintiff acquired ownership is set out in paras 1 to 3 of the plaint. No dispute as to the title of the Plaintiff in the suit property, has been raised in the present appeal.

3. According to the plaint, the Appellant/Defendant - M/s Pomey Plastic Works (hereinafter, “Defendant”) took on rent a hall and one Miani























































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