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2021 Supreme(Del) 547

PRATHIBA M. SINGH
Abhishek Gupta – Appellant
Versus
Shashi Kumar Shukla – Respondent


Advocates Appeared:
For the Appellant :Mr. Rajat Aneja, Advocate.
For the Respondents:Mr. Shashi Kumar Shukla, Mr. Arvind Kumar, Advocate, Mr. Raghuvinder Verma, APP with Mr. Dharamvir Chauhan, IO.

JUDGMENT :

Prathiba M. Singh, J.

1. The present is a classic case which again reaffirms the general perception of difficulties that a landlord can face in obtaining possession of a property given out on rent.

2. The present appeal challenges the impugned judgment dated 20th January, 2020 in RCA No. 56/2019 titled Shashi Kumar Shukla v. Abhishek Gupta by which the Appellate Court has allowed the appeal of Tenant/Respondent No.1 herein, Mr. Shashi Kumar Shukla (hereinafter “Defendant”), and has set aside the judgment and decree dated 27th August, 2019 in CS No. 232/2018 titled Abhishek Gupta v. Shashi Kumar Shukla passed by the Trial Court under Order XII Rule 6 of the Code of Civil Procedure, 1908 (hereinafter “CPC”) which partly decreed the suit qua possession of the suit premises in favour of the Landlord/Appellant herein, Mr. Abhishek Gupta (hereinafter “Plaintiff”), and directed the Defendant to hand over vacant and peaceful possession of the suit premises. This Court, vide order dated 5th June, 2020, had framed the substantial questions of law that arise in this case. The relevant extract from the said order is set out hereunder:

    “6. The Court has perused the rent agreement dated 6

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