LIST OF DATES & EVENTS

2008                          :           Accordingly the plaintiff ( respondent herein ) sued for ejectment of the defendant ( appellant herein ) from a commercial shop let out to the defendant at a rent of Rs.4,000/- per month, on the ground that the defendant was irregular in payment of rent and was in arrears of rent since the year 2008 and his tenancy has been terminated but he has still failed to vacate the premises and hence also claiming mesne profits after the date of termination of tenancy. 

11.03.2011     :           That the tenancy of the defendant ( appellant herein ) was terminated by way of notice dated 11.03.2011 under section 106 of the Transfer of Property Act and after termination of the tenancy in respect of the aforesaid shop , the plaintiff ( respondent herein ) filed a suit for possession , arrears of rent @ Rs. 4,000/- per month  and mesne profits w.e.f 01.04.2011 i.e date of termination of tenancy till handing over of possession.

01.04.2011    :           The mesne profits asked for in the RFA no.xxx/2015 was for the period 1st April, 2011 (the tenancy having been terminated vide notice dated 11th March, 2011 till the date of delivery of possession i.e. 9th April, 2014). The appellant / plaintiff in this regard has led evidence before the Trial Court of a registered lease deed of an adjoining shop proved as Ex.PW1/15 and which was with effect from 1st November, 2011 let out at a rent of Rs.12,000/- per month for a period of two years. The contention of the counsel for the appellant / plaintiff is that the appellant / plaintiff is entitled to mesne profits / damages for use and occupation at the rate of Rs.12,000/- per month less Rs.4,000/- already paid for the aforesaid period.

31.08.2013    :           Therefore , the Single Judge of the Hon’ble High Court of Delhi modified the judgment and decree dated 09.07.2015 of the LD. ADJ under Regular First appeal to the extent that the plaintiff ( respondent herein ) shall be entitled to mesne profits / damages for use and occupation at the rate of Rs.4,000/- per month with effect from 1st April, 2011 till 31st August, 2013 but with effect from 1st September, 2013 till 9th April, 2014, the defendant ( appellant herein ) shall be liable for mesne profits / damages for use and occupation at the rate of Rs.4,400/- per month and of which for 2-3 months admittedly the said amount has already been paid.

09.04.2014  :           The defendant ( appellant herein) contested the suit. A decree on admissions, insofar as for the relief of ejectment, was passed and the defendant vacated the premises on 9th April, 2014 and the parties went to trial on the aspect of arrears of rent and mesne profits.

09.07.2015   :           The learned ADJ has vide the impugned judgment and decree dated 09.07.2015 held the plaintiff ( respondent herein ) to have failed to prove that there were any arrears of rent and not found the plaintiff to be entitled to any mesne profits over and above Rs.4,000/- per month being the last agreed rent and which had been paid.

06.10.2015   :           The plaintiff ( respondent herein ) filed an appeal before the Single Judge of the Hon’ble High Court of Delhi vide RFA no.xxx/2015 that he is entitled to mesne profits and arrears of rent. However when the appeal came up first before this Court on 6th October, 2015, the counsel for the plaintiff( respondent herein ) confined the challenge in this appeal only to the denial of mesne profits at a rate over and above the agreed rate of last paid rent and gave up the challenge to the denial of the relief of recovery of arrears of rent.

:           However, in defence it was stated and urged by the defendant ( appellant herein ) that the claim for arrears of rent and mesne profits was clearly contrary to the MOU admittedly executed between the parties. The factum of the plaintiff ( respondent herein ) having given up the claim for recovery of Rs.1,20,000/- as arrears of rent in this appeal also is indicative of the plaintiff ( respondent herein ) having made a false claim in the suit in that respect.

28.04.2016  :           Thus it is emphatically clear that the said order dated 28.04.2016 was entirely based on misunderstanding of the pleas/contentions taken by the appellant.

__.07.2016  :           Hence, the present appeal.

IN THE HIGH COURT OF DELHI AT NEW DELHI

(CIVIL APPELLATE JURISDICTION)

REGULAR SECOND APPEAL NO. ____ OF 2016.

IN THE MATTER OF :-

XXX                                                  : APPELLANT

                                                VERSUS 

XXX                                        : RESPONDENT

APPLICATION FOR AND ON BEHALF OF THE APPLICANT / APPELLANT UNDER SECTION 5 OF LIMITATION ACT, SEEKING CONDONATION OF DELAY IN FILING OF THE APPEAL.

MOST RESPECTFULLY SHOWETH :-

1.       That the applicant / appellant has filed the accompanying appeal against the impugned judgment and decree dated 28.04.2016 passed by Hon’ble Single Judge , Honble High Court of Delhi in RFA No.xxx/2015 titled as Xxx Vs. Xxx;

2.      The impugned order of passed by the Ld. Trial Court on 28.04.2016 which has been served to the appellant on ………..

3.      That there is no intentional and deliberate delay on the part of the appellant in filing of appeal same occurred due to filing of review.

4.      That due to above said reason the filing of the appeal has not been filed by the appellant within the time and delay has been caused and now the appellant is filing the present appeal for condone the delay in filing of appeal and may allow the present application and condone the delay of ….. days in filing of the appeal.

It is therefore respectfully prayed that this Hon’ble Court may be pleased to allow the present application and may be condoned the delay of ….. days in filing of the appeal before this Hon’ble Court, in the interest of justice.

Prayed accordingly,

DELHI                                            APPLICANT/APPELLANT

THROUGH

DATED

XXX

XXX

Xxx,

Xxx.

IN THE HIGH COURT OF DELHI AT NEW DELHI

(CIVIL APPELLATE JURISDICTION)

REGULAR SECOND APPEAL NO. ____ OF 2016.

IN THE MATTER OF :-

XXX                                                  : APPELLANT

                                                VERSUS 

XXX                    : RESPONDENT

AFFIDAVIT

Affidavit of Mr. Xxx, aged about ___ years, S/o Sh. Xxx R/o xxx, do hereby solemnly affirm and declare as under:-

1.       That I am the Appellant in the above mentioned petition and am therefore, competent to swear this affidavit.

2.      That the submissions as to facts made in the accompanying Application under Section 5 of C.P.C. has been drafted by my counsel as per my instructions and the facts are true and correct to my knowledge, while the legal submissions made therein are based on legal advice received and believed to be true.

3.      That the annexures annexed to the accompanying application are true to their respective originals.

DEPONENT

VERIFICATION :-

          Verified at Delhi on this ____, day of July, 2016 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

(CIVIL APPELLATE JURISDICTION)

REGULAR SECOND APPEAL NO. ____ OF 2016.

IN THE MATTER OF :-

XXX                                                  : APPELLANT

                                                VERSUS 

XXX                    : RESPONDENT

CERTIFICATE

It is certified that all the papers qua Regular First Appeal no.xxx/2015 filed by the respondent before the Single Bench have been annexed to this appeal and no other documents other than from the record of the appellant and Regular First Appeal no.xxx/2015 have been filed in this appeal.

Place : New Delhi.

Filed on :            

APPELLANT

THROUGH

XXX

XXX

Xxx,

Xxx.

IN THE HIGH COURT OF DELHI AT NEW DELHI

(CIVIL APPELLATE JURISDICTION)

REGULAR SECOND APPEAL NO. ____ OF 2016.

IN THE MATTER OF :-

XXX                                                  : APPELLANT

                                                VERSUS 

XXX                     : RESPONDENT

INDEX

APPELLANT

THROUGH

XXX

XXX

Xxx,

Xxx.

Place: New Delhi

Dated:-

IN THE HIGH COURT OF DELHI AT NEW DELHI

(CIVIL APPELLATE JURISDICTION)

REGULAR SECOND APPEAL NO. ____ OF 2016.

IN THE MATTER OF :-

XXX                                                  : APPELLANT

                                                            VERSUS    

XXX                          : RESPONDENT

URGENT APPLICATION

To,

The Deputy Registrar,

Delhi High Court

New Delhi

Madam/Sir,

Kindly treat the accompanying appeal as an urgent one in accordance with the High Court Rules and Orders. The grounds of urgency are as under:

          The appellant is praying for a stay of the operation of the impugned judgment dated 28.04.2016 passed by Ld. Single Judge, in RFA No.xxx/2015.

                                                        APPELLANT

                        THROUGH

(XXX)

XXX

Xxx,

Xxx.

Place: New Delhi

Dated:-

IN THE HIGH COURT OF DELHI AT NEW DELHI

(CIVIL APPELLATE JURISDICTION)

REGULAR SECOND APPEAL NO. ____ OF 2016.

IN THE MATTER OF :-

XXX                                                  : APPELLANT

                                                            VERSUS    

XXX                          : RESPONDENT

MEMO OF PARTIES

XXX

S/o Xxx

R/o xxxx                                         : APPELLANT

VERSUS

XXX

S/o Xxx

R/o xxxxxx                                      : RESPONDENT

-------------------------------------------------------------------------------

                                                        APPELLANT

                        THROUGH

(XXX)

XXX

Xxx,

Xxx.

Place: New Delhi

Dated:-

IN THE HIGH COURT OF DELHI AT NEW DELHI

(CIVIL APPELLATE JURISDICTION)

REGULAR SECOND APPEAL NO. ____ OF 2016.

IN THE MATTER OF :-

XXX

S/o Xxx

Xxx,

xxxx                                       : APPELLANT

VERSUS

XXX

S/o Xxx

R/o xxxxx                                        : RESPONDENT

REGULAR SECOND APPEAL UNDER THE PROVISION OF SECTION 100 OF THE CODE OF CIVIL PROCEDURE AGAINST JUDGMENT AND DECREE DATED 28.04.2016 PASSED BY LD. SINGLE JUDGE OF HON’BLE HIGH COURT IN REGULAR FIRST APPEAL NO.xxx/2015 TITLED XXX VERSUS XXX.

MOST RESPECTFULLY SHOWETH:-

FACTS IN BRIEF:-

1.                  That the above mentioned respondent filed a first appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree dated 9th July, 2015 of the Court of Additional District Judge (ADJ)-07, (West), Xxx, Delhi in suit No.17/2014 to the extent denying the relief of recovery of (a) arrears of rent; and (b) mesne profits / damages for use and occupation at more than the agreed rate of last paid rent, to the appellant / plaintiff. However when the appeal came up first before this Court on 6th October, 2015, the counsel for the appellant confined the challenge in this appeal only to the denial of mesne profits at a rate over and above the agreed rate of last paid rent and gave up the challenge to the denial of the relief of recovery of arrears of rent.

2.               That in the plaint and appeal, the respondent averred inter alia, as under:-

a.                 The plaintiff ( Respondent herein) had inducted the defendant ( appellant herein ) as a tenant in his shop bearing shop no. 6 , measuring 8 x 13 on the ground floor , built in property no. 32/16 , Ashok Nagar , New Delhi-110018 ( herein after called and referred to as the suit premises ) at a monthly rent of Rs. 4,000/-.

b.                That the tenancy of the defendant ( appellant herein ) was terminated by way of notice dated 11.03.2011 under section 106 of the Transfer of Property Act and after termination of the tenancy in respect of the aforesaid shop , the plaintiff ( respondent herein ) filed a suit for possession , arrears of rent @ Rs. 4,000/- per month  and mesne profits w.e.f 01.04.2011 i.e date of termination of tenancy till handing over of possession.

c.                 Accordingly the plaintiff ( respondent herein ) sued for ejectment of the defendant ( appellant herein ) from a commercial shop let out to the defendant at a rent of Rs.4,000/- per month, on the ground that the defendant was irregular in payment of rent and was in arrears of rent since the year 2008 and his tenancy has been terminated but he has still failed to vacate the premises and hence also claiming mesne profits after the date of termination of tenancy.  

d.                The defendant ( appellant herein) contested the suit. A decree on admissions, insofar as for the relief of ejectment, was passed and the defendant vacated the premises on 9th April, 2014 and the parties went to trial on the aspect of arrears of rent and mesne profits.

e.                 The learned ADJ has vide the impugned judgment and decree dated 09.07.2015 held the plaintiff ( respondent herein ) to have failed to prove that there were any arrears of rent and not found the plaintiff to be entitled to any mesne profits over and above Rs.4,000/- per month being the last agreed rent and which had been paid.

f.                   The plaintiff ( respondent herein ) filed an appeal before the Single Judge of the Hon’ble High Court of Delhi vide RFA no.xxx/2015 that he is entitled to mesne profits and arrears of rent. However when the appeal came up first before this Court on 6th October, 2015, the counsel for the plaintiff( respondent herein ) confined the challenge in this appeal only to the denial of mesne profits at a rate over and above the agreed rate of last paid rent and gave up the challenge to the denial of the relief of recovery of arrears of rent.

g.                 The mesne profits asked for in the RFA no.xxx/2015 was for the period 1st April, 2011 (the tenancy having been terminated vide notice dated 11th March, 2011 till the date of delivery of possession i.e. 9th April, 2014). The appellant / plaintiff in this regard has led evidence before the Trial Court of a registered lease deed of an adjoining shop proved as Ex.PW1/15 and which was with effect from 1st November, 2011 let out at a rent of Rs.12,000/- per month for a period of two years. The contention of the counsel for the appellant / plaintiff is that the appellant / plaintiff is entitled to mesne profits / damages for use and occupation at the rate of Rs.12,000/- per month less Rs.4,000/- already paid for the aforesaid period.

h.                However, in defence it was stated and urged by the defendant ( appellant herein ) that the claim for arrears of rent and mesne profits was clearly contrary to the MOU admittedly executed between the parties. The factum of the plaintiff ( respondent herein ) having given up the claim for recovery of Rs.1,20,000/- as arrears of rent in this appeal also is indicative of the plaintiff ( respondent herein ) having made a false claim in the suit in that respect.

i.                   Therefore , the Single Judge of the Hon’ble High Court of Delhi modified the judgment and decree dated 09.07.2015 of the LD. ADJ under Regular First appeal to the extent that the plaintiff ( respondent herein ) shall be entitled to mesne profits / damages for use and occupation at the rate of Rs.4,000/- per month with effect from 1st April, 2011 till 31st August, 2013 but with effect from 1st September, 2013 till 9th April, 2014, the defendant ( appellant herein ) shall be liable for mesne profits / damages for use and occupation at the rate of Rs.4,400/- per month and of which for 2-3 months admittedly the said amount has already been paid.

3.                 It is specifically submitted that being duty bound the ld Single Judge has not interpreted the cross examination of the PW Xxx wherein the respondent herein has admitted the fact that there is no arrear of rent as ordered by the court and he has received the entire rent till date of handing over of the possession of the suit premises. It has been categorically admitted ijn the cross examination that there is no arrear of rent and also and he has accepted the rent without prejudice to the rights and contentions or without reserving his rights to press the mesne profits.

4.                That vide the abovesaid order, the Ld. Single Judge has also wrongly assumed by mistake that appellant had admitted the claim of the respondent in their cross examination. The first appellate Court thereby overlooked under misconception the specific and bonafide contention put forth by the appellant.

5.                 That it is submitted that the respondent has been misleading the Trial court and the first appellate court or court of law which is evident from the observation of the first appellate court which is reproduced herein:-

“10. On a reading of the entire record, I entirely agree with the said view of the learned ADJ. The claim for arrears of rent was clearly contrary to the MOU admittedly executed by the appellant/plaintiff and the respondent/defendant. The factum of the appellant / plaintiff having given up the claim for recovery of Rs.1,20,000/- as arrears of rent in this appeal RFAxxx/2015 Page 3 of 5 also is indicative of the appellant / plaintiff having made a false claim in the suit in that respect. The appellant / plaintiff, in my view, would be liable to be non-suited insofar as for recovery of mesne profits, at a rate more than last paid rent also on this ground alone.

11. The counsel for the appellant/plaintiff has contended that the claim in the plaint was not false and has in this regard drawn attention to para 1 of the legal notice, got served on the respondent / defendant preceding the suit and the reply thereto and has contended that the appellant / plaintiff therein itself had stated that the shop was let out at a rent of Rs.4,000/- per month and therespondent /defendant had not controverted the same. It is argued that the letting out was much prior to the date (17th September, 2010) of the Memo of Understanding (MOU) and for which period the respondent / defendant was contending the rent to be Rs.2,000/- per month only.

 12. I am unable to find any merit in the said argument. The appellant / plaintiff in the legal notice has not given the date of letting out and in the MOU which was signed between the parties, it has been categorically recorded that all past disputes had been settled between the parties and the appellant/plaintiff in his cross examination admitted receiving entire rent for the period after the MOU.”

6.                Hence, it is positively established that no need arose for preferring the appeal against the said order dated 09.07.2015 passed by the Ld. ADJ , Xxx, Delhi.

7.                 That from the preceding paras it is emphatically clear that the said application in question is mistakenly observed by the Ld. First Appellate Court ( in  para 13 and 14 of its order dated 28/04/2016) rather the same is based on the material factual aspect as well as in contradiction to the false and misleading pleas raised by the respondent.

8.                Thus it is emphatically clear that the said order dated 28.04.2016 was entirely based on misunderstanding of the pleas/contentions taken by the appellant.

9.                That being aggrieved by the judgment and order passed by the Hon’ble Single Judge, as in first appeal by the this Hon’ble Court the appellant is filing the present appeal, seeking relief on the following amongst other;

G R O U N D S :-

A.               Because the Hon’ble Single Judge court have erred in law and on facts and have erroneously decreed the suit of the plaintiff/respondent whereas the same ought to have been dismissed. The findings of the Hon’ble Single Judge are against evidence on record and in contravention of the well-settled principles of law.

B.                That the final judgment dated 28/04/2016 is vitiated with errors of law and of facts as well as marked by legal infirmities including lack of proper comprehension of the scope and ambit statutory provisions of Interpretation of Statutes.

C.                Because the decree passed by the Hon’ble Single Judge is entirely misconceived, contrary to record and facts of the case.

D.               Because Hon’ble Single Judge based on an erroneous assumption /understanding had relied upon some part of the pleadings and inadvertently overlooked the material part of their pleadings i.e. cross examination of the PW Xxx.

E.                Because the Hon’ble Single Judge failed to consider the fact that there must be complete and sufficient admission on the part of the parties to lis.

F.                Because the Hon’ble Single Judge has wrongly considered the isolated admission on the part of the appellant and caused material illegality thereby passing the impugned final judgment and the said order dated 28.04.2016.

G.               Because the Ld. Trial Court has grossly overlooked the specific submissions of the appellant in the counter to the RFA no.xxx/2015 filed by the respondent/plaintiff.

H.              Because law is settled that an order must be reviewed in order to do full and effective justice and the same can be done in the present case in hand only if the entire pleading of the case be read and considered and a proper interpretation of the cross examination of the PW and MOU dated 17.09.2010 be made by the Hon’ble court for resolving the controversy in issue between the parties.

I.                  Because the law says that it is not only within the domain of the court but is certainly its duty to recall an order which has been passed by a mistake of court.

J.                 That immediate intervention of this Hon’ble Court is required at this stage as the illegality committed by the Hon’ble Single Judge has resulted in gross injustice to the appellant.

K.               That the appellant submit that there is no other alternative and effective remedy available to the appellant for challenging the above said impugned final judgement dated 28/04/2016.

10.          SUBSTANTIAL QUESTIONS OF LAW

That the following substantial questions of law, amongst others, arise for the kind consideration of this Hon’ble Court, in the present appeal:-

(a)             Whether the court below acted in grave illegality by decreeing the suit which was perse not maintainable?

(b)            Whether the relief of recovery of mesne profits is perse not maintainable?

(c)             Whether denial of relief on the ground that the respondent has taken contradictory pleas is not illegal in view of the fact that no such contradictory pleas were ever taken in the plaint/suit/appeal?

11.     The appellant submit that no similar petition has been filed in any other court of law.

P R A Y E R

It is therefore, most respectfully prayed that this Hon’ble Court shall be graciously pleased to:

a.                 Allow the appeal, set aside and quash the impugned judgment and decree dated 28.04.2016 passed by Hon’ble Single Judge , Honble High Court of Delhi in RFA No.xxx/2015 titled as XxxVs. Xxx;

b.                Dismiss the suit for claim of mesne profits of the respondent/ plaintiff;

c.                 Call for the records of the case;

d.                Impose costs of the entire proceedings on the respondent , and

e.                 Pass any other order which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the appellants.

                                                        APPELLANT

                        THROUGH

New Delhi

(XXX)

Dated :                                                           XXX

Xxx,

Xxx.

IN THE HIGH COURT OF DELHI AT NEW DELHI

(CIVIL APPELLATE JURISDICTION)

REGULAR SECOND APPEAL NO. ____ OF 2016.

IN THE MATTER OF :-

XXX                                                  : APPELLANT

                                                VERSUS 

XXX                    : RESPONDENT

AFFIDAVIT

Affidavit of Mr. Xxx, aged about ___ years, S/o Sh. XxxR/o xxx, do hereby solemnly affirm and declare as under:-

1.     That I am appellant in the above noted petition, well conversant with facts of the case and am competent to swear this affidavit.

2.     That I have gone through the accompanying regular second appeal under Section 100 of CPC, has been drafted by my counsel under my instructions and I say that the contents of the same are true and correct to the best of my knowledge and the legal submissions are based upon advice received and believed to be correct.

DEPONENT

VERIFICATION :-

        Verified at Delhi on this ___ day of July, 2016 that the contents of my above affidavit are true and correct to the best of my knowledge. No party thereof is false and nothing material has been concealed therefrom.        

   DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

(CIVIL APPELLATE JURISDICTION)

REGULAR SECOND APPEAL NO. ____ OF 2016.

IN THE MATTER OF :-

XXX                                                  : APPELLANTS

                                                VERSUS 

XXX                    : RESPONDENT

APPLICATION UNDER ORDER XLI RULE 5 OF THE CODE OF CIVIL PROCEDURE FOR STAY OF THE OPERATION OF THE IMPUGNED JUDGEMENT AND DECREE PASSED BY THE LEARNED FIRST APPELLATE COURT.

MOST RESPECTFULLY  SHOEWTH:-

1.                  That the appellant is filing the captioned appeal in this Hon’ble Court and are likely to succeed in the said appeal. The contents of the memorandum of appeal may kindly also be read as a part and parcel of the present application as the same are not being repeated for the sake of brevity but are essential for an adjudication of the present application as well.

2.                 That the appellant have a good prima facie case in their favour and balance of convenience also lies in their favour.

3.                 That irreparable loss and great injury shall be caused to the appellant in case the operation of the impugned judgment and decree is not stayed. The respondent herein are threatening to initiate execution proceedings against the present appellant.

4.                That in case the respondent succeed in extraction of the mesne profits as granted by the First Appellate Court during the pendency of this appeal, this appeal may become infructous.

PRAYER:-

          It is therefore, most respectfully prayed that this Hon’ble Court shall be graciously pleased to:-

(a)             Grant ex parte ad interim stay on the operation of the impugned judgment and decree dated 28.04.2016 passed by the Hon’ble Single Judge of High Court in RFA No.xxx/2015.

(b)            Any other order which this Hon’ble Court may deem just and proper in the circumstance of the case in favour of the appellant and against the respondent.

                                                                                                                        APPELLANT

                        THROUGH

(XXX)

XXX

K-1/135,Chittaranjan Park,

Xxx.

Place: New Delhi

Dated:-

IN THE HIGH COURT OF DELHI AT NEW DELHI

(CIVIL APPELLATE JURISDICTION)

REGULAR SECOND APPEAL NO. ____ OF 2016.

IN THE MATTER OF :-

XXX                                                  : APPELLANTS

                                                VERSUS 

XXX                    : RESPONDENT

APPLICATION FOR EXEMPTION FROM FILLING CERTIFIED COPIES OF THE ANNEXXURES UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE.

MOST RESPECTFULLY SHOWETH ;-

1.          That the appellant has filed Annexures along with the second appeal in order to support the petition and the Annexures filed is the true, correct and compared copies of the original.

2.          That the petitioner shall apply for obtaining the certified copies of the Annexures and undertakes to file the same as soon as the same is made available by copying agency concerned.

It is most respectfully prayed that the appellant may kindly be exempted from filling the certified copies of the Annexures.

DELHI                                                             APPELLANT

THROUGH

DATED

                        (XXX)

                                                                   XXX    

Xxx,

Xxx.

IN THE HIGH COURT OF DELHI AT NEW DELHI

(CIVIL APPELLATE JURISDICTION)

REGULAR SECOND APPEAL NO. ____ OF 2016.

IN THE MATTER OF :-

XXX                                                  : APPELLANT

                                                VERSUS 

XXX                    : RESPONDENT

AFFIDAVIT

Affidavit of Mr. Xxx, aged about ___ years, S/o Sh. XxxR/o xxx, do hereby solemnly affirm and declare as under:-

1.                 That I am the appellant in the above mentioned regular second appeal and am therefore, competent to swear this affidavit.

2.                 That upon my instruction, my counsel, is filing this Application for Exemptions from Filing Certified Copies, in the above-mentioned case, and I am fully conversant with the facts of the same. That I say that the facts stated therein are true and correct to my knowledge. Any annexures filed along with the Application are true copies of their respective originals.

DEPONENT

VERIFICATION :-

Verified at New Delhi on this ____ day of July, 2016 that the contents of the above affidavit are true and correct to my knowledge.  No part of it is false and nothing material is concealed therefrom.

                                                                DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

(CIVIL APPELLATE JURISDICTION)

REGULAR SECOND APPEAL NO. ____ OF 2016.

IN THE MATTER OF :-

XXX                                                  : APPELLANT

                                                VERSUS 

XXX                    : RESPONDENT

AFFIDAVIT

Affidavit of Mr. Xxx, aged about ___ years, S/o Sh. XxxR/o xxx, do hereby solemnly affirm and declare as under:-

1.     That I am the appellant in the above mentioned regular second appeal and am therefore, competent to swear this affidavit.

2.     That upon my instruction, my counsel, is filing this Application for stay of the judgement and decree dated 28.04.2016, in the above-mentioned case, and I am fully conversant with the facts of the same. That I say that the facts stated therein are true and correct to my knowledge.

DEPONENT

VERIFICATION :-

Verified at New Delhi on this ____ day of July, 2016 that the contents of the above affidavit are true and correct to my knowledge.  No part of it is false and nothing material is concealed therefrom.

                                                                DEPONENT