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2007 Supreme(Del) 2409

REKHA SHARMA
DEVENDER PAL – Appellant
Versus
RAMESH CHANDER – Respondent


Advocates Appeared:
I.C.Kumar, SANJEEV SACHDEVA

REKHA SHARMA, J.

( 1 ) THE petitioners are the successors-in-interest of Shri Bakshi ram. They are tenants of a room bearing private No. 5 in property bearing number 12/30, East Patel Nagar, New Delhi and are facing eviction proceedings in the court of Additional Rent Controller under Section 14 (1) (b) of the Delhi Rent control Act 1958 on the allegation that late Bakshi Ram had sublet the premises to Shri Tirath Ram.

( 2 ) AT the stage of evidence before the Additional Rent Controller, the landlord Shri Ramesh Chander by way of his examination-in-chief filed his affidavit dated October 24,2002 and alongwith it besides other documents filed cheque dated May 25,1992 and a covering letter of the same date. On January 28,2004 he entered the witness box and tendered his affidavit in evidence which was exhibited as P1. The cheque dated May 25,1992 and the covering letter were exhibited as Ext. PW1/2 and PW1/3. The exhibiting of these two documents was objected to by learned counsel for the tenant. It is so mentioned in the evidence of PW1 recorded on that day in the following words : ? objected to the documents Ext. PW1/2 and Ext. PW1/3. ? notwithstanding the objection taken counsel






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