Navin Chander Anand vs Union Bank Of India & Ors on 17 July, 2018

CORAM:
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.

RFA No.544/2018

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

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