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2023 Supreme(Del) 5647

PRITAM SINGH ARORA
Subodh Kumar Wadhwa – Appellant
Versus
Manish Tanwar – Respondent


Advocates appeared:
Mr. Gaurav Duggal and Mr. Gursimar Singh, Advocates, for the Appellant; Mr. C. Parkash, Mr. T. Parth and Mr. Abhishek Rana, Advocates, for the Respondent.

JUDGMENT

Manmeet Pritam Singh Arora, J. - This regular second appeal filed under Section 100 of Code of Civil Procedure, 1908 ('CPC'), impugns the judgment dated 25.03.2023 passed by Principal District and Sessions Judge, Patiala House Courts, New Delhi ('First Appellate Court') in RCA No. 16/2022, titled as 'Manish Tanwar v. Subodh Kumar Wadhwa', whereby the First Appellate Court partly allowed the appeal filed by the Respondent herein and set aside the judgment dated 04.06.2022 passed by the Civil Judge-01, Central District, Tis Hazari Courts, Delhi ('Trial Court') in CS SCJ No. 99100/2016.

1.1. The Trial Court vide judgment dated 04.06.2022 dismissed the suit holding that the same is barred by Section 50 of the Delhi Rent Control Act, 1958 ('DRC Act') on the finding that the rate of rent which was initially Rs. 4,200/- per month was reduced to Rs. 1,400/- per month.

1.2. The First Appellate Court, however, vide the impugned judgment reversed the said findings of the Trial Court. The First Appellate Court has returned a finding that the admitted rate of rent for the suit premises was Rs. 4,200/- per month and rejected the defense set up by the Appellant i.e., the defendant, that the

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