J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Regular Second Appeal under Section 100 of the Civil Procedure Code, 1908 (hereinafter referred to as ‘CPC’) has been filed against impugned Judgment dated 22.05.2018, whereby learned First Appellate Court has upheld the Judgment and Decree dated 19.01.2017 whereby learned Civil Judge, dismissed the Civil Suit of the Plaintiff / Respondent /Smt. Mithlesh Devi for Declaration, Mandatory and Permanent Injunction.

2. The plaintiff/Appellant had filed a Suit bearing No.427021/2016, seeking for Declaration, Mandatory and Permanent Injunction.

3. Brief facts, as stated in the Plaint, were that the Plaintiff was real and absolute owner of the Property bearing No. WZ-12B, Gulab Bagh Nawada, New Delhi. One Shop bearing No.3, on the Ground Floor of Suit Property, admeasuring 8.4 x 14 ft., (hereinafter referred to as ‘Suit Property’)was let out to Defendant / Appellant No.1, M/s Shyam Lal & Sons, vide Rent Agreement dated 01.01.2001, for shoe business.

4. Initially, the rent was agreed as Rs.1,000/-per month, but thereafter, rent was enhanced to Rs.1,460/- per month excluding water, electricity and other charges, payable by Appellant No.1 as per uti