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2005 Supreme(SC) 429

D.M.DHARMADHIKARI, B.N.SRIKRISHNA
Gayatri Devi – Appellant
Versus
Shashi Pal Singh – Respondent


Judgment

Srikrishna, J.—Leave granted.

2. This appeal demonstrates how a determined and dishonest litigant can interminably drag on litigation to frustrate the results of a judicial determination in favour of the other side.

3. A property bearing No. 202B Arjun Nagar, Safdarjung Enclave in New Delhi was purchased by the first appellant and her husband late R.S. Gupta under two sale deeds dated 1.5.1970 and 2.5.1974. On 1.11.1987 the appellant committed perhaps the gravest blunder of her life of letting out the suit property to the respondent-tenant at a monthly rent of Rs. 1300/-, which subsequently came to be increased to Rs. 1500/- w.e.f. 1.1.1990. The tenancy was for residential purpose.

4. The appellant filed a petition for eviction of the respondent by invoking section 14(1)(e) of the Delhi Rent Control Act (hereinafter referred to as ‘DRC Act’). This petition was filed by late R.S. Gupta, husband of the appellant No. 1 before us, who was also a co-petitioner in the said eviction petition. The ground put forward in the eviction petition was that the family of the appellant had expanded and there was bona fide requirement for personal use. This eviction petition was contested by t


















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