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2018 Supreme(Del) 2757

VALMIKI J.MEHTA
DHANI RAM @ KALE – Appellant
Versus
MOHD FAISAL – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Shalabh Gupta, Advocate
For the Respondent:Mr. Rakesh Tiku, Mr. Sandeep Kumar, Mr. Sanjeev Kohwal and Mr. Harish K. Mathur, Advocate

JUDGMENT :

VALMIKI J. MEHTA, J

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendants in the suit impugning the Judgment of the Trial Court dated 2.7.2016 by which the trial court has decreed the suit for recovery for possession and mesne profits filed by the respondents/plaintiffs.

2. The disputes pertain to the portions on the ground floor and the first floor of the property bearing no. 808, Ward No. X, Bazar Kamra Bangah, Chandni Mahal, Darya Ganj, Delhi, and as shown in red colour in site plan filed with the plaint. Respondents/plaintiffs claim to be owners of the suit property and had filed the subject suit against the appellants/defendants by pleading that actually the father of the appellants/defendants Sh. Ram Krishan was a tenant in the suit property and thereafter the appellants/defendants came into possession of the suit property. it was further pleaded that the appellants/defendants have wrongly denied any claim of tenancy of their father Sh. Ram Krishan or themselves, and accordingly for this stand of appellants/defendants, the earlier suit filed by the respondents/plaintiffs for injunction was decided as per th













































































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