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1991 Supreme(Del) 396

D.P.WADHWA, DALVEER BHANDARI
B. N. SAXENA – Appellant
Versus
JOGINDER SINGH – Respondent


Advocates Appeared:
Kumkum Sen, NEMO K.PARASARAN, S.B.GHOSH, T.K.GANJU

D. P. Wadhwa, J.

( 1 ) THIS is an appeal by the defendant from the Judement and decree dated 12 May, 1972 of the learned Commissioner Sub judge, delhi, whereby he decreed the suit of the plaintiff for Rs. 16,200. 00.

( 2 ) THE plaintiff filed a suit for recovery of Rs. 27,450. 00 towards arrears of rent claiming himself to be the owner and landlord of a certain property situated at Diplomatic Enclave, New Delhi, of which defendant was stated to be the tenant at a monthly rent of Rs. 450. 00. The defendant denied the relationship of landlord and tenant between the parties and raised- certain other pleas.

( 3 ) ON pleadings of the parties, the following issues were framed :-

1. Whether there exists no relationship of landlord and tenant between the parties ? 2. Whether the claim of the plaintiff regarding arrears of rent of the period beyond three years before the filing of the suit i within time ? OPD 3. Whether the entire claim of the plaintiff is barred by limitation 7 OPD 4. Whetherthe suit is barred for non-joinder or misjoinder of parties or causes of action as alleged ? If so, its effect ? OPD 5. Whether the plaint discloses no causes of action, if so, its effect ? OPD 6. Wheth



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