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2012 Supreme(Del) 1331

VALMIKI J.MEHTA
Suraj Praksh Sharma – Appellant
Versus
Shakuntala Rani Diwan – Respondent


Advocates Appeared:
For the Appellant:P.N. Bhardwaj, Advocate.
For the Respondent:LR of respondent in person.

Judgment :

VALMIKI J. MEHTA, J.

1. This Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment of the Trial Court dated 1.3.2004 dismissing the suit of the appellant/plaintiff as an abuse of process of law and being not maintainable.

2. (i) At the outset, before proceeding to refer to the detailed facts of the present case, though it will lead to repetition, I must state generally certain facts as to the number of litigations by which the appellant/plaintiff/tenant has tried to stall/set aside the eviction decree passed against him. Against the appellant/plaintiff a decree of eviction was passed by the Rent Controller as the appellant/plaintiff failed to pay the rent and his defence was struck off. The order of the Rent Controller was challenged in appeal before the Rent Control Tribunal wherein the appellant/plaintiff claimed title to the property by means of the documents dated 10.9.1997 executed in his favour being the agreement to sell, power of attorney, Will etc., however, the Court of the Rent Control Tribunal dismissed this appeal. Further challenge laid to the High Court was dismissed and an SLP preferred by the appellan




























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