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1998 Supreme(Del) 30

MANMOHAN SARIN
SANTOSH JAIN – Appellant
Versus
SURESH CHAND BHARGAVA – Respondent


Advocates Appeared:
A.S.MATHUR, Girdhar Govind, I.S.MATHUR

Manmohan Sarin, J.

( 1 ) THIS revision petition has been filed assailing the order dated 16. 8. 1996, passed by the learned Additional Rent Controller refusing leave to defend to the petitioner tenant.

( 2 ) THE facts giving rise to the present petition may be briefly noted :

(I) Respondent landlord had filed an eviction petition against the petitioner tenant under Section 14 (l) (e) read with Section 25-B of the Delhi Rent Control Act for eviction from premises bearing No. 161, State Bank of India Colony, Rana Pratap Bagh, New Delhi. (ii) Petitioner tenant filed the application seeking leave to contest the suit on the ground that the premises in question had been let out to M/s. Laghu Ispat Udhyog in the year 1972 at a monthly rent of Rs. 200. 00 for residential-cum-commercial purposes. Subsequently, the tenancy was changed in the name of M/s. Jain Laghu Udyog and the rent was increased to Rs. 350. 00 per month. The user was stated to have continued as residential-cum-commercial. Petitioner s case was that she had been carrying on the business of ready-made garments and knitwear at the premises under the name and style of M/s. ESS-Sonu. Petitioner also disputed the residential natu






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