C.L.CHAUDHRY
RAJINDER KUMAR – Appellant
Versus
R. K. BAJAJ – Respondent
( 1 ). The plaintitiff has filed this suit seeking a decree of declaration that the judgment and decree dated 9. 11. 1989 passed in S. No. 2713/89 by this Court was obtained by collusion, fraud and is illegal and void and does not confer or create any right, title or interest in favour of defendants 1, 2 and 4 in property bearing No. A-167. Defence Colony.
( 2 ). The allegations made in the plaint are that the plaintiff is a tenant on the ground floor of House No. A-167, Defence Colo. y since 1969, on monthly rent of Rs. 250. 00. Bhagwan Dass was the original owner of the house and he sold it to Dev Raj Bajaj, detent. No. 3, vide sale deed d. . ted 10. 9. 1969. The plaintiff attorned in favour of deft. 3 at the instance of the previous owner, and deft. 3, thereafter, started receiving monthly rent from the plaintiff. Deft. 3, immediately after the purchase of the premises in question, with ulterior motive and design and to coerce the plaintiff to quit from the premises filed an eviction petition in 1970 u/s 14 (1) (b) and (g) of the Delhi Rent Control Act. In the petition, deft. 3 admitted that he was the purchaser of this property, by a registered sale deed. In 971,
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