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1999 Supreme(Del) 1067

ARUN KUMAR, D.K.JAIN
SURESH KUMAR MALLIK – Appellant
Versus
M. S. LAKHANI – Respondent


Advocates Appeared:
A.K.CHHABRA, A.K.SINGH, NAGESHVAR PANDEY, RAJESH GUPTA

Arun Kumar,j.

( 1 ) ONE S. F. Lakhani claiming to be the owner of entire property No. E-14/2, Vasant Vihar, New Delhi, filed a suit for possession against the appellant with respect to one garage situated in the said property besides some other reliefs. Lakhani made his wife Lakshmi as a co-plaintiff in the said suit. The suit was filed some time in March 1992 when S. F. Lakhani claimed to be 88 years old. He died during the pendency of the suit. His son M. S. Lakhani was substituted in his place. The case of the plaintiffs was that the defendant was inducted as a tenant in two rooms along with a covered Varandah and W. C. on the first floor above the two garages in the annexe block of the property bearing No. E-14/2, Vasant Vihar, New Delhi at a monthly rent of Rs. 550. 00 which was later on enhanced to Rs. 650. 00 per month exclusive of water and electricity charges. The present proceedings are with respect to a garage on the ground floor of the said premises. According to the plaintiffs the defendant unauthorisedly took possession of the garage in question which is just below the tenanted premises of the defendant. In the written statement the defendant/appellant took a plea tha


















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