ORDER

1. This hearing has been done through hybrid mode.

2. The present second appeal arises out of the impugned judgment and decree dated 31st August, 2018 passed by ld. ADJ, Dwarka Court, New Delhi (hereinafter "Appellate Court"). By the said judgement, the Appellate Court had upheld the decree of possession granted by the trial court, on 30th May, 2017 except in respect of damages, where there was some modification.

3. The brief background is that Shri G. L. Oberoi - Appellant/tenant (hereinafter "tenant") had taken Shop No. 28, Ground Floor, Vishal Tower, District Centre, Janakpuri, New Delhi-110058 (hereinafter "suit shop") on rent, vide lease deed dated 25th February, 2003. A suit was filed by the landlord - Respondent herein (hereinafter "landlord") seeking possession after termination of the said tenancy. Vide judgment dated 6th June, 2012, the trial court had dismissed the first suit of the landlord on the ground that the rent was Rs.3500/- and, therefore, the correct remedy was to approach the Rent Control Tribunal. The operative portion of the said judgment reads as under:

"19. It is also crystal clear that the law for eviction of tenants in respect of premises whose m