In view of the settled provisions of law on this aspect, I am of the view that the petitioner is entitled for the decree of possession in respect of the suit property in their favour against the respondent. The Trial Court has wrongly given its fi..
In view of the settled provisions of law on this aspect, I am of the view that the petitioner is entitled for the decree of possession in respect of the suit property in their favour against the respondent. The Trial Court has wrongly given its finding despite of the settled law on this aspect. In fact, the application under Order XII Rule 6 CPC to the extent of prayer for grant of decree of possession ought to have been allowed. The impugned order is accordingly set aside. The application filed by the petitioner under Order XII, Rule 6 CPC is accordingly allowed. Thus, a decree for possession is passed in favour of the petitioner and against the respondents, in respect of the suit property i.e., entire premises S-45, Panchshila Park, New Delhi-110017. The respondents shall hand over the vacant and peaceful possession of the suit property to the petitioner latest by 31st August, 2014. During this period, the respondents shall not create any third party interest in the suit property. The petitioner for this period would be entitled to recover the market rent when the inquiry under Order 20 CPC would be conducted. As regards damages/mesne profit for occupation, learned Trial Court will hold inquiry under Order 20 CPC and pass appropriate orders.
