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1993 Supreme(Del) 53

VUENDER JAIN, D.P.WADHWA, VIJENDER JAIN
PREM PAL SINGH – Appellant
Versus
JUGAL KISHORE GUPTA – Respondent


Advocates Appeared:
Anurag Chopra, Maninder Kaur, MUKUL ROHTAGI

D. P. WADHWA, J. (0ral)

( 1 ). This is defendant s appeal in a suit filed by the plaintiff for recovery of possession against him. By impugned judgment dated 27 February 1991 the defendant was asked to vacate the property and the suit of the plaintiff was decreed. The property consist of two rooms and a bath room in the annexe of the property bearing No. C-92, Maharani-Bagh, New Delhi. The case of the plaintiff was that he was the owner of the property. There is no dispute on that. He said that be inducted the defendant in the suit premises as a licensee for a period of one year from the beginning of 1983 and thereafter on account of some tragedy in his house the defendant was allowed to continue in the premises for some more time. The present suit was filed on 30 March 1989. The defendant contested the suit on the ground that he was a tenant in the premises and the suit was barred under the provisions of the Delhi Rent Control Act, 1958. On pleadings of the parties, the following issues were framed:-

1. WHETHER the defendant is an unauthorised occupant in respect of the suit premises as alleged in the plaint? OPP 2. Whether the defendant is a tenant in respect of the suit premises a






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