JUDGMENT

Rekha Palli, J. (Oral)

CM APPL. 2531/2021-Condonation of delay

1. This is an application filed by the appellant seeking condonation of 40 days delay in re-filing the appeal.

2. For the reasons stated in the application, the same is allowed and the delay of 40 days in re-filing the appeal-RFA 42/2021 is condoned.

3. The application stands disposed of.

RFA 42/2021 & CM APPL. 2532/2021

RFA 297/2020 & CM APPL. 31775/2020

4. This common judgment disposes of two appeals being RFA 42/2021 and RFA 297/2020 both preferred by the defendant under Section 96 of the Code of Civil Procedure before the Learned Trial Court. Vide RFA No. 297/2020, the appellant seeks to assail the judgment and decree dated 18.08.2020 passed by the learned ADJ-3, South-West, Dwarka Courts, Delhi in CS No.16660/2016 whereby the suit of the respondent/plaintiff for possession of property bearing no. WZ-1673, Nangal Raya, New Delhi, for payment of Rs.2,63,520/- (Two Lac Sixty Three Thousand Five Hundred and Twenty only), towards arrears of rent along with interest @ 9% per annum for the period between 01.03.2010 to 28.02.2013 and mesne profits, has been decreed. RFA 42/2021 assails the judgment and dec