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2008 Supreme(Del) 1004

SHIV NARAYAN DHINGRA
Rajender Kumar Sharma – Appellant
Versus
Leela Wati – Respondent


Advocates Appeared:
Mr. S.K. Luthra, Adv.
Mr. Sumit Bansal with Mr. Manish Paliwal, Advs.

JUDGMENT:

JUSTICE SHIV NARAYAN DHINGRA

1. The petitioner has assailed an order dated 3rd February, 2007 passed by learned Additional Rent Controller whereby a petition under Section 14(1)(e) of Delhi Rent Control Act filed by the landlord was allowed and an application under Section 25-B of DRC Act seeking leave to defend made by the petitioner was dismissed.

.2. The brief facts relevant for purpose of deciding this petition are that the landlady, a widow had purchased the suit property from previous owner Smt. Bhagwati Devi by virtue of documents namely agreement to sell, power of attorney, receipt, affidavit and a registered Will. Smt. Bhagwati Devi died on 29.11.1996. The premises was under tenancy of late Sh. Mangi Lal Sharma and the petitioners are LRs of late Sh. Mangi Lal Sharma who are residing in the premises. The landlady claimed that she was in possession of one room, kitchen, open jal, courtyard on second floor and WC on third floor of the property in dispute. Her family consisted of nine daughters and one son. Out of nine daughters, seven were married. Two unmarried daughters and one son were living with her. One unmarried daughter was studying in M.Com 2nd year, secon















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