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2016 Supreme(Del) 1704

INDERMEET KAUR
SURESH CHAND JAIN – Appellant
Versus
GODAVARI DEVI JESWANI – Respondent


Advocate Appeared:
Mr.S.S.Jain and Mr. Nikesh Jain, Advocate.
Dr.Sarabjit Sharma, Ms.Shidhika Verma and Ms. Priamvada, Advocates.

JUDGMENT :

INDERMEET KAUR, J.

1. The petitioner before this Court is Suresh Chand Jain. He claims himself to the owner and the landlord in all the aforenoted three petitions. Two of the suit properties have been tenanted out to a tenant namely Godavari Devi Jeswani & Others. The third tenant is Rajender Kumar and another. The suit premises qua the tenancy of Godavari Devi Jeswani & Others is shop Nos. 3911 & 3912, Gali Barna, SAdar Bazar, Delhi-110006. The third tenanted shop i.e. qua the third tenant Rajender Kumar is shop No.3910 forming part of the same property i.e. Gali Barna, Sadar Bazar, Delhi. A perusal of the site plan in fact shows that all these three shops are adjacent and adjoining one another. All of them face a front façade i.e. a road measuring 25.6 feet.

2. On 14.10.2014, vide two impugned judgments, leave to defend had been granted to the tenant Godavari Devi Jeswani & Others qua the shop Nos.3911 & 3912. The Trial Court was of the view that triable issues have arisen. The third judgment is the judgment dated 10.03.2015. In this case also, the Additional Rent Controller (ARC) was of the view that the triable issues have arisen and leave to defend had been granted





























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