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2018 Supreme(SC) 370

R.K.AGRAWAL, A.M.SAPRE
Suresh Kumar Kohli – Appellant
Versus
Rakesh Jain – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rajiv Raheja, K. Paari Vendhan, Sethu Mehendran
For the Respondents: Rahul Gupta, Ms. Kaveeta Wadia

JUDGMENT :

R.K. Agrawal, J.

Leave granted.

2. The present appeal is directed against the final judgment and order dated 05.12.2013 passed by the High Court of Delhi in CM (M) No. 880 of 2012 whereby learned single Judge of the High Court allowed the petition filed by the Respondent No. 1 herein against the judgment and order dated 08.06.2012 passed by the Additional Rent Controller in Ex Petition No. 51 of 2012 wherein the objections filed by the Respondent No. 1 herein under Section 47 read with Order XXI Rule 26(1) of the Code of Civil Procedure, 1908 (in short ‘the Code’) were rejected.

3. Brief facts:-

(a) Suresh Kumar Kohli-the appellant herein is the owner of shop bearing No. 3, Building No. 2656, Ajmal Khan Road, Karol Bagh, New Delhi (in short ‘the suit premises’). On 15.11.1975, his father, along with one another, let out the suit premises on a monthly rental of Rs. 450/- to Late Shri Ishwar Chand Jain, father of Respondent No. 1 herein, and Ramesh Chand Jain-Respondent No. 2 herein. The tenants started a family business under the name and style of M/s Rakesh Wool Store. Shri Rakesh Jain - Respondent No. 1 herein was inducted as a partner in the family business on 02.04.1979.

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