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2007 Supreme(Del) 2705

PRADEEP NANDRAJOG
Arti Arora – Appellant
Versus
Phool Chand Jain – Respondent


Advocates:
Advcoates appeared:
For Appellant/Petitioner/Plaintiff: Kuljeet Rawal, Adv.
For Respondents/Defendant: R.S. Kela, Adv.

JUDGMENT

Pradeep Nandrajog, J.

1. Arti Arora has challenged orders dated 16.4.2007 allowing Phool Chand Jain to amend his plaint in the suit filed by him seeking a decree for declaration and permanent injunction as also permitting him to amend his written statement in the suit filed by Arti Arora claiming a decree for possession and damages.

2. Arti Arora has sought possession of a garage on the ground floor from Phool Chand Jain. She claimed that his status was that of a licensee. Phool Chand Jain has sought a declaration that he is a tenant in respect of the entire first floor, entire barsati floor and the garage under Usha Rani and Ravi Prakash.

3. The amendment allowed for is to permit Phool Chand Jain to plead that during pendency of the two suits he had acquired the title to the garage under the sale deed dated 29.12.1995 purportedly executed by Ravi Prakash.

4. Whether or not the impugned orders should be sustained require a look at the pleaded antecedent title of the parties pertaining to property bearing Municipal No. 60/10, Prabhat Road, W.E.A. Karol Bagh, New Delhi. It would require a look at the original pleadings of the parties. The core issue which has to be decided i





































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