JAI PRAKASH AGGARWAL vs KIRAN CHAWLA & ANR

Judgment text excerpt

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA 200/2015 JAI PRAKASH AGGARWAL .....Appellant Through: Mr. Alok Kumar, Sr. Adv. with Ms. Manisha A. Narain, Mr. Amit Kumar Singh, Mr. Varun Maheshwari, Mr. Manan Soni, Mr. Sandeep Singh Somaria, Advs. versus KIRAN CHAWLA & ANR .....Respondents Through: Mr. Siddhant Nath, Standing counsel with Mr. Bhavishya Makhija, Mr. Amaan Khan, Advs. for MCD. % Date of Decision: 18.03.2025. CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA JUDGMENT DINESH KUMAR SHARMA, J. (Oral) 1. The present regular second appeal filed under Section 100 CPC read with order XLII CPC challenging the judgment and decree dated 28.02.2015 passed by learned ADJ-13 (Central), Tis Hazari Courts, Delhi in RCA No. 3/2011 titled Shri Jai Prakash Aggarwal vs. Ms. Kiran Chawla & Ors. filed by appellant against the judgment dated 29.01.2011 passed by learned Civil Judge, Delhi in Suit No. 795/08/02. 2. The learned First Appellate Court while hearing the civil appeal challenging the judgment and decree dated 29.01.2011 passed by RSA 200/2015 Page 1 of 21 Signature Not Verified Signed By:DAMINI YADAV Signing Date:27.03.2025 15:35:44 learned Civil Judge, Delhi in Civil Suit No. 795/08/02 dismissed the appeal and upheld the order of the learned Trial Court. Aggrieved of this the appellant filed the present appeal challenging the impugned order on the ground that the same is against the facts of the case and law applicable on it whereby the learned First Appellate Court failed to appreciate that the lease of the building includes the land on which the building stands and the doctrine of frustration cannot be invoked on destruction or demolition of a building under lease where privity of contract and estate is created. The appellant has also challenged the impugned judg