Wed. Apr 21st, 2021

Smt. Gyatri Devi vs Sh. Jag Ram & Anr. on 31 May, 2017

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HON’BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

C.M. No.22129/2017 (exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

RSA No.162/2017 and C.M. Nos. 22127/2017 (stay) & 22128/2017
(for additional evidence)

2. This Regular Second Appeal under Section 100 of Code

of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit

impugning the judgments of the courts below; of the Trial Court dated

17.5.2016 and the First Appellate Court dated 29.11.2016; by which

the suit for possession and mesne profits with respect to suit property

bearing no.Y-330, Mangol Puri, Delhi has been decreed and as is

shown in red colour in the site plan Ex.DW1/D. Trial court by its

RSA No.162/2017 Page 1 of 9
judgment dated 17.5.2016 decreed the suit for possession but dismissed

the suit seeking recovery of mesne profits. The first appellate court in

the appeal filed by the respondents/plaintiffs by allowing the appeal

passed a decree of mesne profits at Rs.6,000/- per month pendente lite

and future till possession is recovered from the appellant/defendant.

The trial court by its judgment dated 17.5.2016 decided two suits. One

suit was filed by the present appellant Smt. Gayatri Devi and which

was for declaration, permanent and mandatory injunction with respect

to the suit property. The second suit was the suit filed by the present

respondents for permanent and mandatory injunction and recovery of

mesne profits with respect to the suit property. The suit which was

filed by the respondents herein being the suit no.21/2012 was decreed

only with respect to one property being Y-330, Mangol Puri, Delhi.

Three appeals were filed against the judgment of the trial court dated

17.5.2016, two appeals being filed by the present appellant with

respect to decreeing of the suit of the respondents/plaintiffs for the suit

property and the third appeal was filed by the present respondents

seeking the relief of recovery of mesne profits and which relief was

declined by the trial court vide its judgment dated 17.5.2016.

Source: Indian Kanoon

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