RFA No.370-2009

Page 1 of 15

IN THE HIGH COURT OF DELHI AT NEW DELHI

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RFA No.370/2009

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Judgment Delivered on: 31.03.2011

DENA BANK

..... Appellant

Through :

Mr.Pallav Saxena and Mr.Harshit

Tripathi, Advocates

versus

MS.KAMLESH RANI

..... Respondent

Through :

Mr.Jagdish Chandra, Advs.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI

1.

Whether reporters of local papers may be allowed

to see the Judgment ?

Yes

2. To be referred to the Reporter or not?

Yes

3.

Whether the judgment should be reported in the

Digest?

Yes

G.S.SISTANI, J (ORAL)

1.

Present appeal has been filed against the judgment and

preliminary decree in a suit for possession and recovery dated

14.09.2009 passed by the trial court on an application filed by

the respondent herein under Order XII Rule 6 of the Code of

Civil Procedure.

2.

The brief facts necessary to be noticed for disposal of the

present appeal are that the respondent had filed a suit for

possession, recovery of amount of `10,41,360/- as arrears of

rent excluding all other charges, mesne profit along with the

pendente lite interest @18% per annum against the appellant.

The respondent is the absolut