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Sh. Jagdish Singh vs Ms. Rachna Bansal on 11 August, 2017

HON’BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

C.M. Nos.28818/2017, 28819/2017 & 28887/2017 (exemption)

1. Exemption allowed subject to just exceptions.

C.M.s stand disposed of.

C.M. No.28820/2017 (condonation of delay)

2. For the reasons stated in the application, delay of 90 days

in filing the appeal is condoned.

C.M. stands disposed of.

RFA No.718/2017 Page 1 of 5
RFA No.718/2017 and C.M. No.28817/2017 (stay)

3. This Regular First Appeal filed under Section 96 of Code

of Civil Procedure, 1908 (CPC) impugns the judgment of the trial

court dated 4.2.2017 which has decreed the suit for recovery of arrears

of rent as also for mesne profits for the period after termination of

tenancy. I may note that originally the suit was filed by the

respondent/plaintiff was for possession, and mesne profits and suit for

possession was already decreed vide order of the trial court dated

6.12.2016 passed under Order XII Rule 6 CPC and the possession of

the suit property already stands handed over by the

appellant/defendant to the respondent/plaintiff.

Source: Indian Kanoon

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