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1985 Supreme(Del) 239

D.K.KAPUR
SHAKUNTIA – Appellant
Versus
HIRA NAND SHARMA – Respondent


Advocates Appeared:
S.K.TANEJA, S.K.TIWARI, USHA VERMA

D. K. Kapur

( 1 ) IN a suit for permanent injunction based on a claim that she was a tenant in a portion of House No. 543, Guru Ram Dass Nagar, Delhi, the petitioner had claimed a temporary injunction. According to the case in the plaint, her husband was an owner of several plots including plot No. 543 which he had left by a will to his brother Gulab Singh. Gulab Singh sold this property to Hira Nand Sharma, the first defendant. In this plaint, she claimed that she was a tenant in a room situated on Plot No. 546, Guru Ram Dass Nagar, which she gave up to take a room in Plot No. 543 as a tenant at a monthly rent of Rs. 5. 00. After the sale to the defendants, it was claimed that the defendants had started putting pressure on her to vacate the premises and, the defendants were trying to forcibly make her vacate the premises. The defendants case on the other hand was that they had got provisional possession from Gulab Singh under an agreement to sell and the plaintiff was nowhere in the picture at that time. The claim was that the plaintiff had previously been residing in plot No. 543, but she had been given a sum of Rs. 9,400. 00 by Gulab Singh to quit the property and thereafter she







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