* HIGH COURT OF DELHI AT NEW DELHI + RSA No.266 OF 2007 & CM No.14449/2007 Decided on : 31st May, 2013
VIJAY PRAKASH GUPTA ...... Appellant Through: Mr.Hameed Shaikh, Mr.Amar Pal and Ms. Nisha Rawat, Advs.
Versus
J.N. PRASAD ...... Respondent Through : None
CORAM:
HON'BLE MR. JUSTICE V.K. SHALI
V.K. SHALI, J.
1. This is a regular second appeal filed by the appellant against the judgment dated 18.8.2007 dismissing RCA No.21/2005 titled Sh.Vijay Prakash Gupta (deceased) Thr. LRs Vs. Sh.J.N.Prasad (deceased) Thr. LRs.
2. Briefly stated the facts of the case are that the respondent/J.N.Prasad (since deceased) had filed a suit for permanent and mandatory injunction against the appellant(since deceased) and against the respondent nos. 6 and 7 in respect of a godown situated at the back side of shop No.3356-7, Hauz Quazi, RSA No.266/2007 Page 1 of 11 opposite Police Station no.2, Delhi-06 and the staircase leading towards the said godown. It was alleged in the plaint that originally M/s Ram Richpal Mal Ghasi Ram were the tenants in the suit premises. The respondent had filed an eviction petition u/S 14(1)(b) of the Delhi Rent Control Act against the said tenants. After the decision on the said matter, M/s Ram Richpal Mal Ghasi Ram filed an appeal before Rent Control Tribunal bearing No.618/197