JUDGMENT

Jasmeet Singh, J. -

CM APPL. 30484/2023

1. This is an application seeking condonation of 10 days delay in refiling the appeal.

2. For the reasons stated in the application, the application is allowed and delay of 10 days is condoned in re-filing the present appeal.

RFA 462 of 2023

3. This is an appeal challenging the order dated 21.02.2023 ("impugned order") passed in C.S. No. 55 of 2019 titled as "Shafiullah @ Raja v. Salman Malik and others" wherein the learned trial court allowed the application filed by the respondent under Order 12 Rule 6 of Code of Civil Procedure ("CPC") by passing a preliminary decree for possession and directing the appellant and Mr. Salman Malik/defendant no. 1 to vacate the suit premises within two months and hand over the vacant and peaceful possession to the respondent.

PLEADINGS

4. Shorn of details, the facts leading to the present appeal is that the respondent is the absolute owner of the property i.e. Shop No. 1 and 2 at Ground Floor of property No. 12A/52F, Khasra No. 319, Maujpur, Shahdara, Delhi ("tenanted premises"). A lease deed was entered into dated 27.08.2016 ("first agreement") with respect to the tenanted premises for commercial purpose