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1995 Supreme(Del) 860

ANIL KUMAR
PREM KAUR – Appellant
Versus
LT. COL. J. C. DHIR (RETD. ) – Respondent


Advocates Appeared:
ANIL KHER, MAEHSVAR DAYAL, MUKUL ROHTAGI, R.K.Kochhar, RAVI GUPTA

Anil Kumar

( 1 ) [ed. facts : Petitioner owns suit building. She is living in the ground floor with her married son, married grandson, a grand daughter (28 years old) ; another son s wife and latter s son aged 17 years. Accommodation on the ground floor with the petitioner consists of a Drawing room, a Dining room and 3 bed rooms. She filed a petition u/s. 14 (l) (e) and25b of DRC Act in Dec. , 89. Tenant was granted leave to defend on 23. 2. 91. She then withdrew the petition on 13. 8. 91 with permission to file afresh, She then filed the present petition on 9. 10. 91. Tenant applied for leave to defend contending that as he had earlier been granted leave to defend, same should now automatically be granted ARC agreed and granted leave to defend on 6. 2. 95 ignoring the plea of the landlady that there had been change of circumstances for the 2nd petition. ] After detailing above. Judgment proceeds :

( 2 ) THE accommodation on the ground floor of the property which is available with the landlady consists of a drawing room, a dining room and two regular bed rooms with attached toilets. There is another room which according to the landlady is a study. It is shown as a study in the sanct






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