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2017 Supreme(Del) 3655

JAYANT NATH
DEV BHUSHAN SINCE DECEASED THR LRS. – Appellant
Versus
PRADEEP KUMAR – Respondent


Advocates Appeared:
For the Petitioner:Mr. Kirti Uppal, Senior Advocate with Mr. Nittin Bhatia, Ms. Sahiba Pantel & Mr. Rijul Taneja, Advocates.
For the Respondent:Mr. S.S. Jain & Ms. Veena Rupana, Advocates.

JUDGMENT :

JAYANT NATH, J.

1. Present petition is filed under Article 227 of the Constitution of India seeking to impugn the order dated 11.10.2012 passed by the Rent Control Tribunal(hereinafter referred to as ‘the RCT’).

2. By the impugned order, the RCT set aside the order of the Additional Rent Controller (in short ‘the ARC’) whereby the ARC had dismissed the application under Order 9 Rule 13 CPC and upheld that the service has been duly affected on the respondent while passing the ex-parte eviction order dated 15.10.2005.

3. The case of the petitioner is that the respondent is a tenant in respect of the shop bearing No.1 in property No.RZ-184, Khasra No.487/3, Peera Garhi, New Delhi under one Sh.Rai Singh. After the demise of Sh.Rai Singh, through his LRs one Sh.Dev Bhushan who is the predecessor-in-interest of the petitioner ( petitioner being the L.R of Shri Dev Bhushan who died on 16.5.2010) purchased the said property vide Sale Deed dated 03.12.2001. Sh.Dev Bhushan being aggrieved by the acts of the respondent in not making payment of the rent, after service of a legal notice, filed an eviction petition under Section 14(1)(a) of the Delhi Rent Control Act, 1958 (hereinafter re



















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