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2023 Supreme(Del) 494

GAURANG KANTH
SUBHASH CHAND JAIN – Appellant
Versus
SAVITA DEVI – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Kamal Kant Jha.
For the Respondents: Namrata Chandorkar, Ritesh Khare, Akhilesh.

JUDGMENT :

GAURANG KANTH, J.

C.M. APPL. No. 11264/2023

1. The Appellants (Original Defendants) are aggrieved by the Judgment and Decree dated 04.12.2021 (“Impugned Judgment”) passed by the ADJ-01, Shahdara, Karkardooma, Delhi in C.S. No. 670/2020 titled as Savita Devi and Another vs. Subhash Chand Jain and Another.

2. Vide the Impugned Judgment, the learned Trial Court was pleased to allow the Applications filed by the Respondents (Original Plaintiffs) under (i) Order XXXIX Rule 10 CPC and (ii) Order XII Rule 6 CPC. While allowing the said Applications, the learned Trial Court, vide the Impugned Judgment, was pleased to hold that the Respondents are entitled to decree of possession and accordingly directed the Appellants to hand over vacant and peaceful possession of the shop on the ground floor portion as well as the basement below the said shop of the property bearing No. X-3998-A, Gali No. 14, Shanti Mohalla, Gandhi Nagar, Delhi-110031 (“Suit Property”) to the Respondents. Learned Trial Court further directed the Appellants to pay the admitted rent @ Rs. 40,000/- (Rs. 25,000/- for the ground floor and Rs. 15,000/- for the basement) per month to the Respondents from the date of filin

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