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2007 Supreme(Del) 465

H.R.MALHOTRA, SWATANTER KUMAR
SALIMA KHATOON – Appellant
Versus
PREM RANI – Respondent


Advocates Appeared:
Arabindo Nayak, Atul Nigam


SWATANTER KUMAR, J.

( 1 ) THE plaintiff Smt. Prem Rani filed a suit for recovery of Rs. 25,200/- and possession in respect of H. No. 1749 situated in Hathikhana, Pul Bangash, Delhi against Mst. Salima Khatoon and others, the defendants in the suit. Vide judgment and decree dated 4. 8. 1999, the suit was decreed for recovery of rs. 3,600/- on account of damages for the period from 01. 06. 1982 to 31. 05. 1985 and for possession against defendant Nos. 1 to 6. Being aggrieved, they filed the present regular first appeal. Along with the appeal, the appellants also filed an application under Order 41 Rules 25 and 27 read with Section 151 of the cpc for framing of additional issues and permission to lead additional evidence in light of the annexures annexed to that application. It was stated in this application that there was a serious question to be determined as to whether there existed a relationship of lessee/tenant in favour of appellant No. 1 and even if there was a license in favour of the said appellant, even then, the same was irrevocable on the ground that appellant No. 1 in exercise of her right to enjoy the subject property for the purposes of running her shop and residence,















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