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2023 Supreme(Del) 3007

ANISH DAYAL
Sh. Shokeen Khan – Appellant
Versus
Sh. Jai Singh – Respondent


Advocates appeared:
Mr. Ajay Kumar, Mr. Shubham Gupta, Mr. Akash Aggarwal and Mr. Ajay Singh, Advocates, for the Appellant.
Mr. Sunil Dalal, Senior Advocate with Mr. Mahabir Singh, Mr. Nikhil Beniwal, Mr. Nitin Chowdhary, Mr. Tarun Verma, Mr. Navish Bhati and Ms. Manisha Saroha, Advocates, for the Respondent.

JUDGMENT

1. This appeal has been filed under Section 96 of the Civil Procedure Code against the impugned judgment, order and decree dated 23rd May, 2023 passed by the Ld. ADJ-02, Shahdara, Karkardooma Courts, Delhi in Suit No.73/2022 titled as "Jai Singh v. Shokeen Khan". The said suit was filed for possession, permanent and mandatory injunction, damages and mesne profits by the respondent-plaintiff who claimed to the absolute owner of the property bearing No. D-34, Main Road, Kanti Nagar, Delhi- 110051. The appellant-defendant was a tenant in half portion of the basement of the property but when the plaintiff came to know about the misuse of the property for commercial purposes, as well as stoppage of the payment of monthly rent of Rs.30,000/- per month, he served a legal notice on 04th December, 2021 for vacating the suit property. Since the respondent-plaintiff refused to vacate, said suit was filed. The suit was decreed by the Ld. Trial Court by allowing the application under Order VIII Rule 10 read with Section 151 CPC filed by the respondent-plaintiff.

The Suit

2. As noted above, the plaintiff claimed to be the owner of said suit property by virtue of a relinquishment deed d

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