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2004 Supreme(Del) 1011

R.S.SODHI
SATPAL – Appellant
Versus
BHUVNASHWAR DASS GUPTA – Respondent


Advocates Appeared:
AMARJIT SINGH, D.N.GOBURDHAN, RITUPARNA DE

R. S. SODHI

( 1 ) THIS PETITION IS DIRECTED AGAINST THE judgment/order DATED 13. 12. 2002 OF THE ADDITIONAL RENT controller, DELHI, IN PETITION NO. EX. 44/97 WHEREBY THE executing COURT HAS DISPOSED OF AN APPLICATION OF THE petitioner FILED ON 01. 11. 2002.

( 2 ) THE FACTS OF THE CASE, AS NOTED IN THE ORDER UNDER CHALLENGE, ARE AS UNDER :

"that ON 28. 8. 02 THE BAILIFF OF THE COURT ALONG WITH shri RAJENDER PARSHAD, ONE OF THE DECREE-HOLDERS, CAME AT the PREMISES OF THE APPLICANT/judgment-DEBTOR ALONG WITH warrants OF POSSESSION WITH PERMISSION TO BREAK OPEN THE lock AND DOORS. IT IS STATED THAT ON SEEING THE EXT. SITE PLAN WHICH APPEARS TO HAVE BEEN EXHIBITED AS EX. AW- 4/6 WHICH HAD SHOWN THE PREMISES IN RED COLOUR THAT THE portion SHOWN WAS OF PREMISES NO. OF 5546 AND NOT OF premises NO. 5562 IN POSSESSION OF THE APPLICANT/judgment- debtor. IT IS STATED THAT WARRANTS OF POSSESSION FOR premises SHOWN AS RED IN THE SITE PLAN EX. AW-4/6 ARE NOT for THAT PREMISES IN WHICH THE APPLICANT IS TENANT AND IS in POSSESSION. IT IS STATED THAT THE BAILIFF WENT UPTO the STAIRS AND PREPARED FALSE REPORT STATING THAT THERE was APPREHENSION OF BREACH OF PEACE AND THE WARRANTS OF possession CANNOT B



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