Arjun Sher Gill vs Saba Begum
2013 Latest Caselaw 1223 Del

*                   HIGH COURT OF DELHI AT NEW DELHI

+                      R.S.A. NO.26/2013

                                       Decided on: 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 judgment and decree dated 11.5.2012

in favour of the respondent.

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