CIT vs. J. H. Finvest Pvt. Ltd
ITA/30/2015HC Delhi30 Nov 2015
Bench: The Trial Court) Under Section 96 Of The Code Of Civil Procedure, 1908 (“Cpc”) Against The Judgment & Decree Dated 10Th September, 2014, Passed By The Additional District Judge-17 (Central), Tis Hazari Courts, Delhi In Suit Bearing Cs No. 398/2014, Titled As Sunil Kumar Jain & Anr. Versus Ram Kishan Tokas & Anr. (“Impugned Judgment”). 2. The Appellants Had Filed Cs No. 398/2014 Seeking A Decree Towards Recovery Of Firstly, Possession Of The Corner Shop Measuring 15 X 9 Sq. Ft., Situated In Property Bearing No. E-108/2, Opposite Community Centre, Bgn Market, Munirka Village, New Delhi (“Suit Shop”) & Secondly, Rs. 1,00,000/- Towards Damages & Compensation For The Period From 01St July, Digitally Signed By:Hariom Sharma Signing Date:15.12.2025 20:56:25 Signature Not Verified
Section 96
…Page 36 of 43 (vide Shantabai v. State of Bombay [AIR 1958 SC 532 : 1959 SCR 265] , Satish Chand Makhan v. Govardhan Das Byas [(1984) 1 SCC 369] and Bajaj Auto Ltd. v. Behari Lal Kohli [(1989) 4 SCC 39 : AIR 1989 SC 1806]. xxx xxx xxx 15. Shri P. Krishnamoorthy, learned Senior Counsel contended that a lease need not necessarily be the corollary of such a situation as possession of the appellant could as well be permissive. We are unable to agree with the submission on the fact-situation of this case that the appellant's possession of th…