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2008 Supreme(Del) 1270

SHIV NARAYAN DHINGRA
OM PARKASH – Appellant
Versus
INDER KAUR – Respondent


Advocates Appeared:
Mr. P.N. Lekhi, Sr. Adv. with Mr. R.K. Saini, Adv.
Mr. Anil Nag, Adv.

JUDGMENT:

1. The petitioner is aggrieved by an order dated 5th August, 2004 whereby an Eviction Petition of the respondent under Section 14(d) read with Section 25-B of DRC Act was allowed.

.2. The brief facts relevant for deciding this petition are that the respondent/landlady claimed that she had become widow on 9th October, 1998 on death of her husband. The petitioner was a tenant in respect of two rooms, kitchen, bath room, WC, front and rear verandah on the ground floor of house no. 353, Block-C-1, Yamuna Vihar (front verandah to be used jointly by the landlady and the tenant). She had one daughter Preeti Minocha, aged 5 years and a son Gurpreet Singh, aged 3 years residing with her. She was living at first floor of the same property. She was a Group-D Government employee and used to leave her house at 7.30 am in the morning (her office was around 18 kilometers away from the house), since she had to reach there around 9.00 am. Her children were studying in nearby school named Lovely Rose Public School. They had to go to school around at 7.45 am and come back around at 1.15 pm, in her absence. Both the children were under care of her parents who used to reside at a distance of












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