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2024 Supreme(Del) 1014

HIGH COURT OF DELHI
KANWAL NAIN JOHAR – Appellant
Versus
ASHOK KUMAR JOHAR & ORS – Respondent


JUDGMENT :

MANMEET PRITAM SINGH ARORA, J.

1. The present second appeal filed under Section 100 of Civil Procedure Code, 1908 (‘CPC’) impugns the judgement and decree dated 06.05.2019 passed by the Additional District Judge - 03, North District, Rohini Court, Delhi in RCA No. 60/2016, titled as Sh. Kanwal Nain Johar v. Sh. Ashok Kumar Johar & Ors. (‘First Appellate Court’)

1.1. The Appellant herein is the original defendant no. 1, Respondent No. 3 is the original defendant no. 2 and Respondent Nos. 1 and 2 are the original plaintiffs in civil suit bearing no. 965/2006 filed before the SCJ-cum-RC, West District, Tis Hazari Courts, Delhi in (‘Trial Court’).

1.2. The civil suit was filed for seeking [against the Appellant herein]the relief of recovery of possession of the ground floor (G.F) portion of Shop No. 16, Outram Lines, Opposite T.B. Hospital, Kingsway Camp, Delhi (‘suit property’) as well as for recovery of arrears of mesne profits of Rs. 70,000/- for the period reckoned from 07.10.2005 to 06.05.2006 and future mesne profits at Rs. 10,000/- per month, until the possession of the same is handed over to the Respondent Nos. 1 and 2 herein.

Brief Facts

2. For the ease of reference, the

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