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2002 Supreme(Del) 1141

B.A.KHAN, J.D.KAPOOR
KAPIL RAINA – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
MADHURIMA TATIA, Mala Goel, V.Shankra

( 1 ) PETITIONER was first a tenant in Flat No. B-46 at Patpar Ganj allotted to one arun Diwanwala, a member of R-4 society. He later purchased it after paying full consideration amount and executing relevant documents including a power of attorney and Conveyance Deed and is said to have acquired free hold rights by now. He alleges that thereafter office bearers of respondent society started harassing him and raising demands. He was asked to pay an entry fee/power of attorney charges of Rs. 1 lac and was threatened of electricity and water supply disconnection and of being thrown out of the flat if he failed to satisfy the demands. He resisted the demand and pleaded that he was liable to pay only such charges as were recoverable from the original member (vendor) and not any unauthorised charges like entry fee/power of attorney charges which was not leviable by the society under any law. But despite this, the committee members interfered in his quiet possession of the premises and harassed him and his family members on one pretext or the other.

( 2 ) LEARNED Counsel for petitioner submitted that impugned demand raised against petitioner was without any authority of law and in cont









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