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2017 Supreme(Del) 4033

VALMIKI J.MEHTA
Rajpal Singh – Appellant
Versus
Indraprastha Builder Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellants :Mr. A.K. Singla, Sr. Advocate with Mr. Rahul Shukla, Advocates

JUDGMENT :

VALMIKI J. MEHTA, J.

C.M. Appl. No. 32652/2017 (for exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

RFA No. 770/2017 and C.M. Appl. No. 32651/2017 (for stay)

1. This Regular First Appeal is filed under Section 96 of Code of Civil Procedure, 1908 (CPC) impugning the judgment of the trial court dated 1.6.2017 by which the trial court has dismissed the suit filed by the appellants/plaintiffs under Order XII Rule 6 CPC. The suit has been dismissed as being barred by the principle of res judicata, inasmuch as, the appellants/plaintiffs claim that they are owners/landlords of the suit premises but the appellants/plaintiffs in earlier proceedings under the Delhi Rent Control Act, 1958 have been held not to be landlords and that there is no relationship of landlord and tenant between the parties in terms of the judgment dated 7.12.2002 in Eviction Petition No. 176/1995. Appeal against the judgment dated 7.12.2002 filed by the appellants/plaintiffs was dismissed by the Rent Control Tribunal vide its judgment dated 5.9.2011. Subject














































































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