J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. The Appeal has been filed by the Appellant herein, under Section 96 of the Code of Civil Procedure (hereinafter referred to as ‘CPC’), 1908 r/w Order XLI CPC for setting aside the Judgment and Decree dated 04.04.2024 whereby the Suit of the Plaintiff/Respondent has been decreed for recovery of possession, by Ld. Principal District & Sessions Judge, Delhi.

2. C.S. No. 661/2023 titled as H.P. Suman vs. Sh. Rajat Verma, was filed by the Plaintiff/Respondent for recovery of possession, permanent injunction, recovery of arrears of rent, damages/ mesne profit and society maintenance charges.

3. The Plaintiff/Respondent stated that he was the absolute owner of a residential flat bearing No. 2-A on the ground floor, situated in Kohinoor Co-operative Group Housing Society Ltd., built on Plot No. 31, known as Bharat Apartment, I.P. Extension, Patparganj, Delhi - 110092, measuring about 91 sq. mt. (hereinafter referred to as the ‘Suit Property’). He with his family, currently resides at the address i.e. Flat No. 214-C Pocket 1, Mayur Vihar, Phase 1, Delhi-110091.

4. The Plaintiff claimed that on 01.01.2022, the Suit Property was let out to the Defendant/