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2009 Supreme(SC) 226

TARUN CHATTERJEE, V.S.SIRPURKAR
Ashok Sharma – Appellant
Versus
Ram Adhar Sharma – Respondent


Advocates appeared:
Manish Sharma and C.L. Sahu, Advs
Rajesh Mahindru and Sarad Kumar Singhania, Advs.

JUDGMENT

Tarun Chatterjee, J.

1. Leave granted.

2. In the year 1995, the respondent Shri Ram Adhar Sharma let out his flat bearing No. 11-C, Una Enclave, Mayur Vihar, Phase-I, Delhi-110091 (hereinafter referred to as the `suit premises') to the appellant at a rental of Rs. 3000/- per month, inclusive of electricity bill and maintenance charges of the UNA Cooperative Society (in short `the Society').

3. Now a suit has been filed by the respondent in the Court of the District Judge, Delhi for a decree for possession and also for a decree of Rs. 1,01,880/- with interest accrued thereon and for other reliefs.

4. On or about 27th of November, 2004, issues were framed by the trial Court and both the parties were directed to file list of witnesses/documents within 15 days from the aforesaid date. The parties went to trial and the respondent brought Sh.Pawan Kumar Vasudeva, the President of the UNA Cooperative Group Housing Society, within which the suit premises is located, who deposed as PW-3 and made the following statement in his examination:

I am the President of UNA Cooperative Group Housing Society. I have seen the document already exhibit as Ex.PW/1/3. I identify my signature on this doc













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