M/S Shruti Enterprises & Ors vs M/S Devgochwal Properties & ...
2011 Latest Caselaw 651 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                               RFA Nos.150/2001 & 159/2001


%                                                   3rd February, 2011

RFA NO.150/2001

M/S SHRUTI ENTERPRISES & ORS                                ...... Appellant
                    Through:          Mr. S.K.Dubey, Adv.


                          VERSUS


M/S DEVGOCHWAL PROPERTIES & LEASING PVT. LTD. & ANR.
                                                   ...... Respondents
                  Through:   Mr. Deepak Khosla, Adv.
                             Respondent No.2 in person.

RFA NO.159/2001

M/S SHRUTI ENTERPRISES & ORS                                ...... Appellant
                    Through:          Mr. S.K.Dubey, Adv.


                          VERSUS


M/S DEVGOCHWAL PROPERTIES & LEASING PVT. LTD. & ANR.
                                                   ...... Respondents
                  Through:   Mr. Deepak Khosla, Adv.
                             Respondent No.2 in person.

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

    1.   Whether the Reporters of local papers may be
         allowed to see the judgment?

    2.   To be referred to the Reporter or not?

    3.   Whether the judgment should be reported in the Digest?

RFA 150&159/2001                                                          Page 1
 VALMIKI J. MEHTA, J (ORAL)

      The challenge by means of these appeals is to the impugned judgment

and decree dated 9.1.2001 whereby the suits of the respondent/plaintiff for

recovery of rent were decreed. The impugned judgment and decree relies

upon the earlier judgment and decree in suit nos. 15/1997 and 17/1997

between the same parties and pronounced upon by Sh. S.N.Dhingra, ADJ (as

he then was) and by which judgments, the suits for recovery of rent for

earlier periods were decreed. The impugned judgment and decree therefore

simply decrees the suits on the basis of the judgment rendered in suit nos.

15/1997 and 17/1997.

      I have already decided RFA Nos. 277/2000, 279/2000, 519/2000 and

520/2000 between the same parties by my judgment dated 21.1.2011 and in

which, I have upheld the judgments in suit nos. 15/1997 and 17/1997.

Detailed reasons are already given in my judgment dated 21.1.2011 and

which will squarely govern these appeals also.

      In view of my judgment date 21.1.2011 in RFA Nos. 277/2000,

279/2000, 519/2000 and 520/2000 titled as M/s Shruti Enterprises &

Others Vs. M/s Devgochwal Properties & Leasing Pvt. Ltd. and Anr.,

the present appeals are accordingly dismissed. Parties are left to bear their

own costs. Trial court record be sent back.

February 03, 2011                                VALMIKI J. MEHTA, J.

ib

RFA 150&159/2001 Page 2