Devinder Gupta, ACJ

( 1 ) THIS appeal by the plaintiff/appellant is directed against the order dated 17th Novcmhcr, 1998 of a learned Single Judge by which the plaint was ordered to be returned to the plaintiff for presentation before a Court of competent jurisdiction.

SUIT was filed, inter-alia, alleging that shop No. IX/222, Main Road, Gandhi Nagar, Delhi was let out to Sikandar Lal Arora, husband- of the plaintiff, by Rajesh Bhatt, predecessor-in- interest of the defendants sometime in 1958 on a monthly rental of Rs. 251- On account of Sikandar Lal Arora having suffered a paralytic stroke and his consequent indisposition the tenancy of said shop was transferred in the name of the plaintiff w. e. f. 5th December, 1997 at a monthly rental of Rs. 200. 00 by said Rajesh Bhatt. At the time of transfer of tenancy, plaintiff paid a sum of Rs. 4,800. 00 to R. ajesh Bhatt towards advance rent covering a period of two years from 5th December, 1997 to 4th November, 1999. After the death of Rajesh Bhatt, the plaintiff attorned, to the defendants as his legal heirs. It is stated that the defendants are carrying illegal construction in the back portion of the tenanted shop and want to forcibly

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