JUDGMENT

Veena Birbal, J.

CM No. 12631/2011 (condonation of delay)

There is delay of 30 days in filing this appeal. In view of the reasoning given, delay is condoned.

The application stands disposed of.

RSA 112/2011

1. By way of this regular second appeal under Section 100 of Code of Civil Procedure, challenge has been made to the impugned judgment dated 18.01.2011 passed by the ld. lower appellate court in RCA No. 18/2010 whereby the impugned judgment dated 07.05.2005 passed by the ld. Civil Judge in Suit No. 43/2004 has been upheld.

2. The relevant facts for disposal of present appeal are as under:

The appellant was the plaintiff before the ld. Civil Judge. He had filed a suit for recovery of Rs.2,16,700/- against the respondent/defendant. His case was that his father Sh. Sri Niwas Goel was a tenant of respondent/defendant in respect of one shop in premises no. 27/81, Gali no.7, Pandav Road, Vishwas Nagar, Delhi. His father had died on 26.12.1996. It was alleged that taking advantage of the same, the respondent/defendant broke open the locks of the tenanted shop and committed theft of the goods belonging to the father of the plaintiff/appellant. The plaintiff/appellant had lo