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DELHI HIGH COURT
REKHA PALLI
Kiran Arya – Appellant
Versus
Praveen Goyal – Respondent
| Table of Content |
|---|
| 1. tenant's admission of rent payment and term. (Para 1 , 3) |
| 2. defendant's defense about plaintiffs ownership and payment. (Para 4 , 5) |
| 3. contentions of both parties regarding possession. (Para 7 , 8) |
| 4. court confirms validity of possession decree. (Para 9 , 11) |
| 5. dismissal of appeal; pending issues on mesne profits. (Para 10 , 12) |
JUDGMENT
Rekha Palli, J. (Oral)--The present regular first appeal under Section 96 of the Code of Civil Procedure (hereinafter, CPC) seeks to assail the judgment and decree dated 19.04.2022 passed by the Ld. ADJ-04, South West District, Dwarka Courts in CS No. 194/2021. Vide the impugned judgment, the learned Trial Court has decreed the respondent/plaintiff's suit for possession under Order XII Rule 6 CPC after taking into account the appellant/defendant's statement under Order 10 CPC, wherein she had clearly admitted that she was a tenant in the suit property.
2. For the sake of convenience, the parties would be referred to as their original position before the learned Trial Court.
3. The common case of the parties is that the suit property was let out by the plaintiff in favour of the defendant vide rent agreement dated 11.11.2019; t
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