HON’BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
C.M. No.27796/2018 (exemption)
1. Exemption allowed subject to just exceptions.
C.M. stands disposed of.
2. This Regular First Appeal under Section 96 of the Code
of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit
impugning the judgment of the Trial Court dated 22.2.2018 by which
trial court has dismissed the suit for possession and mesne profits filed
RFA No.544/2018 Page 1 of 7
by the appellant/plaintiff. It is noted that possession of the suit
premises has already been received by the appellant/plaintiff along
with other co-owners/co-landlords and who were the defendant nos.2
to 5 in the suit (respondent nos.2 to 5 in this appeal), and therefore, the
only issue in this appeal to be decided is as to whether the
appellant/plaintiff is entitled to mesne profits with respect to period of
the alleged illegal stay of the respondent no.1/defendant no.1/tenant on
account of alleged termination of tenancy. The suit premises
comprises of ground floor and half portion basement of property
no.26/2, East Patel Nagar, New Delhi. It may be noted that subject
suit has been dismissed on the ground that the appellant/plaintiff,
being only one co-owner/co-landlord cannot claim possession and
recovery of damages once the other co-owners being respondent nos.2
to 5 /defendant nos.2 to 5 have not supported the appellant/plaintiff
and have in fact opposed the termination of tenancy by the
appellant/plaintiff of the respondent no.1/defendant no.1/tenant.
Source: Indian Kanoon