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1987 Supreme(Del) 478

SUNANDA BHANDARE
SANT KUMAR – Appellant
Versus
JOGINDRAWATI – Respondent


Advocates Appeared:
J.C.Mahindra, RISHI KESH

Ms Sunanda Bhandare, J.

( 1 ) RESPONDENT no.- Smt Shrimati Devi filed a petition for eviction against one Shri Shi. v Dass respondent no. 3 herein under Section 14 of the Delhi Rent Control Act. An eviction order was passed against Shri Shiv Dass. In execution of that eviction order, Smt. Jogindrawati was dispossessed. Smt. Jogindrawati filed an application for restoration of possession in her favour which was allowed by the Additional Rent Controller, Delhi by his order dated 13-4-1987. Smt. Shrimati Devi went in appeal against that order which was rejected and it was held that Smt. Jogindrawati was entitled to restoration of possession. When Smt. Jugindrawati applied for restoration of possession one Shri Sant Kumar he. the petitioner herein objected and filed an application under Order 21 Rule 98 read with Section 151 of the Code of Civil Procedure claiming independent right as a tenant in the premises since 1985. The case of Shri Sant Kumar is that after Smt. Jogindrawati was dispossessed he was inducted as a tenant in 1985 and, therefore, his possession should be protected. The application under Order 21 Rule 98 read with Section 151 ofthe Code of Civil Procedure was rejected





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