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R.S.A. No.26/2013 HIGH COURT OF DELHI
R.S.A. NO.26/2013
Date of Decision: 12th March, 2013
ARJUN SHER GILL …… Appellant
Through: Mr. G.S. Sharma, Adv.
R.S.A. NO.26/2013
Date of Decision: 12th March, 2013
ARJUN SHER GILL …… Appellant
Through: Mr. G.S. Sharma, Adv.
VERSUS
SABA BEGUM …… Respondent
CORAM:
HON’BLE MR. JUSTICE V.K. SHALI
V.K. SHALI, J. (Oral)
This is a regular second appeal. The appellant has not been able to show to the Court that any substantial question of law is involved in the matter. Briefly stated the facts of the case are that the respondent, Saba
Begum had filed a suit for possession and mesne profit against the appellant in respect of property bearing No.K-73, 3rd
Floor, Near Jagatram Park, Laxmi Nagar, Delhi with covered area measuring 75 sq. yds. consisting of two bedrooms, one drawing-cum-dining room, kitchen, toilets and bathroom. The trial Court after completion of the pleadings and hearing the parties had passed a
V.K. SHALI, J. (Oral)
This is a regular second appeal. The appellant has not been able to show to the Court that any substantial question of law is involved in the matter. Briefly stated the facts of the case are that the respondent, Saba
Begum had filed a suit for possession and mesne profit against the appellant in respect of property bearing No.K-73, 3rd
Floor, Near Jagatram Park, Laxmi Nagar, Delhi with covered area measuring 75 sq. yds. consisting of two bedrooms, one drawing-cum-dining room, kitchen, toilets and bathroom. The trial Court after completion of the pleadings and hearing the parties had passed a
JUDGMENT
and decree dated 11.5.2012 in favour of the respondent.
2013:DHC:1354 R.S.A. No.26/2013 Apart from this, a decree for a sum of Rs.90,000/- being the arrears of rent w.e.f. May, 2008 till November, 2009 @ Rs.4500/- per month was also passed and it was also held that the plaintiff, namely, the respondent- herein is entitled to damages/mesne profits @ Rs.6500/- per month w.e.f. from 01.12.2009 till realization of the possession.
The aforesaid judgment and decree dated 11.5.2012 passed by the learned Civil Judge was assailed by the appellant before the Court of
Additional District Judge, who upheld the same by virtue of the order/judgment dated 17th December, 2012.
The appellant has filed the present regular second appeal against the concurrent finding of fact returned by the Courts below. The learned counsel for the appellant has failed to show that any substantial question of law is involved against this concurrent finding of the two Courts below. Accordingly, the appeal is dismissed.
V.K. SHALI, J.
MARCH 12, 2013 ss 2013:DHC:1354
2013:DHC:1354 R.S.A. No.26/2013 Apart from this, a decree for a sum of Rs.90,000/- being the arrears of rent w.e.f. May, 2008 till November, 2009 @ Rs.4500/- per month was also passed and it was also held that the plaintiff, namely, the respondent- herein is entitled to damages/mesne profits @ Rs.6500/- per month w.e.f. from 01.12.2009 till realization of the possession.
The aforesaid judgment and decree dated 11.5.2012 passed by the learned Civil Judge was assailed by the appellant before the Court of
Additional District Judge, who upheld the same by virtue of the order/judgment dated 17th December, 2012.
The appellant has filed the present regular second appeal against the concurrent finding of fact returned by the Courts below. The learned counsel for the appellant has failed to show that any substantial question of law is involved against this concurrent finding of the two Courts below. Accordingly, the appeal is dismissed.
V.K. SHALI, J.
MARCH 12, 2013 ss 2013:DHC:1354