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2015 Supreme(Del) 804

MUKTA GUPTA
KB Watts – Appellant
Versus
Vipin Kalra – Respondent


Advocate Appeared:
For the Petitioner:Sameer Abhyankar, Advocate.
For the Respondent:A.K. Singhla, Senior Advocate, M.L. Bhargava, S. Jaswal, Advocates.

Judgment

MUKTA GUPTA, J.

1. Since the facts in the present petitions are common the petitions are being disposed of by a common order. Vipin Kalra became the owner of suit property No. II-D/33, Lajpat Nagar, New Delhi 110024 in the year 2003. In the said property Dr. K.B. Watts was a tenant in respect of one shop measuring 22’ x 7’-6” at a monthly rent of Rs. 330/- per month on the ground floor. Two eviction petitions were filed by Vipin Kalra one being Eviction petition No. E-96/09 on 5th August, 2004 under Section 14(1)(b) DRC Act and the other on 24th October, 2008 being eviction petition No. 97/09 under Section 14(1)(e) of the DRC Act.

2. The eviction petition under Section 14(1)(b) DRC Act was dismissed by the learned ARC vide its judgment dated 29th March, 2011 which was challenged by Vipin Kalra before the Rent Control Tribunal and was allowed in favour of Vipin Kalra vide the judgment dated 1st March, 2012. Hence Dr. K.B.Watts preferred CM(M)390/2012 against the order of the District Judge (South)-cum-Rent Control Tribunal dated 1st March, 2012 in Eviction Petition No. 96/09. Eviction petition No.97/09 filed by Vipin Kalra under Section 14(1)(e) was allowed in his favour vide



































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