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2022 Supreme(Del) 521

SURESH KUMAR KAIT, SAURABH BANERJEE
Siddhatha Singh – Appellant
Versus
Ajit Singh Bawa (Deceased) Through Lrs – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Harsh Gokhale, Advocate.

JUDGMENT :

SAURABH BANERJEE, J.

1. Appellant-tenant, the original defendant before the learned trial court (hereinafter referred as “Appellant”), has preferred the instant appeal against the impugned judgement dated 19.02.2022, whereby, the learned trial court has allowed the application under Order XIII A of The Code of Civil Procedure, 1908 (hereinafter referred as “CPC”) read with Section 151, CPC read with Section 3 of The Commercial Courts Act, 2015 (hereinafter collectively referred as “Order XIII A application”) filed by the respondent-landlord, the original plaintiff before the learned trial court (hereinafter referred as “Respondent”) and decreed the suit in favour of the respondent and against the appellant.

2. Succinctly put, the respondent instituted a suit for possession, arrears of rent along with mesne profits (hereinafter referred to as “suit”) against the appellant, inter alia, claiming the following reliefs:-

    “3.1. Pass an Order/Judgment/Decree in favour of the Plaintiff and against the Defendant directing the Defendant to vacate the said Property at 19F, Basant Lok, Vasant Vihar, New Delhi 110057; super area ad-measuring 1000 sq. ft. and deliver the peaceful, vacant

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