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2013 Supreme(Del) 279

RAJIV SAHAI ENDLAW, D.MURUGESAN
Suresh Chand Gupta – Appellant
Versus
MCD – Respondent


Advocates appeared:
For the Appellant:Vinay Garg, Lalit Gupta, Deepak Agarwal, Advocates.
For the Respondents:R1 & R2, Ms. Mini Pushkarna, S. Tyagi, R5, Nand Lal Kedia, Advocates.

Judgment

Rajiv Sahai Endlaw, J.

1. This intra-court appeal impugns the judgment dated 16th August, 012 of the learned Single Judge, of dismissal of W.P.(C) No.811/2002 preferred by the appellant. The said writ petition was preferred impugning the order dated 13th July, 2001 of the Additional District Judge exercising powers as an Appellate Authority under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (PP Act) dismissing the appeal preferred by the appellant against the order dated 22nd August, 1991 of the Estate Officer of the respondent MCD of eviction of the appellant from property No.1629, Queens Road (First Floor), Delhi.

2. The counsel for the respondent MCD as well as respondent No.5 Mr. Nand Lal Kedia in person, also claiming to represent respondent No.4, Mr. Pawan Kumar Kedia appeared on advance notice (respondents No.2 & 3 are proforma parties) and considering the nature of the controversy and the challenge in the appeal, we, with consent, heard the counsels finally and reserved judgment. We have also requisitioned the writ record.

3. The order dated 22nd August, 1991 of the Estate Officer records, (i) that the appellant was a tenant of the





















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