2013 (7) TMI 1168

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....ch that there is no need to follow the said ordinary procedure which would result in the negation of justice. The respondent filed the suit from which this appeal arises against the appellant for recovery of possession of flat No. 74C, Pocket-E, Dilshad Garden, Delhi claiming the appellant to be in trespass/unauthorized possession thereof and for recovery of mesne profits at the rate of Rs. 6,000/- per month. 2. The appellant set up the defence of being tenant under the respondent in the said flat at a rent of Rs. 2,200/- per month. 3. On the pleadings of the parties, the following issues were framed: 1. Whether the defendants No. 1 and 2 are trespassers in suit premises? OPP 2. Whether the defendant No. 1 is a tenant under the ....

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....her since the respondent had by then already filed the suit for possession from which this appeal arises, injunction was granted restraining the respondent from forcibly and without due process of law dispossessing the appellant from the premises. 6. After the aforesaid judgment, the respondent in his suit for possession applied under Order 12 Rule 6 of the CPC on the basis of the finding of the Appellate Court in the suit for injunction filed by the appellant of the appellant being a trespasser. 7. The appellant in reply to the said application took a plea that he had filed a second appeal against the judgment aforesaid in first appeal. 8. However the appellant till the arguments and decision on the said application under Order XI....