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1986 Supreme(Del) 96

S.B.WAD
OM PARKASH – Appellant
Versus
KANSHI NATH SHAM LAL – Respondent


Advocates Appeared:
I.S.MATHUR, Vibha Gupta, Y.K.Jain

S. B. Wad,j.

( 1 ) R. S. A. 12/85 is the plaintiff s appeal against the order of the Additional District Judge, Delhi in R. C. A. 15/82. Cross-objections are filed by defendants 1 to 3 in the suit. The plaintiff claims to be the tenant in the portion of the first floor of premises No. 3634-3637, Chawri Bazar, Delhi. The defendants are the present owners of the said premises. Plaintiff filed suit No. 645/73 for permanent injunction against the defendants from dispossession. He alleged that he was a tenant in the property He further claimed that the eviction order No. 1462/63 passed on 16-3-63 by Sh B. K. Agnihotri, Additional Rent Controller, Delhi was illegal, null and void. He further asserted that the execution proceedings started by the defendants pursuant to the said eviction order were also illegal.

( 2 ) THE said property in question was originally owned by M/s. Dinanath Nanak Chand, who had let out the first floor of the property to M/s Janki Dass Ram Sarup, defendant No. 4 in the suit. According to the Plaintiff the said M/s. Janki Dass Ram Sarup had sublet the suit premises to the plaintiff in 1948. The original owners M/s. Dinanath Nanak Chand filed a suit for eviction ag








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