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2018 Supreme(Del) 3195

VALMIKI J.MEHTA
ABHISHEK SHARMA – Appellant
Versus
JYOTI MAKHIJA – Respondent


Advocate Appeared:
For the Appellant :Mr. Vijay Sharma and Mr. Anuj Pal, Advocates

JUDGMENT :

VALMIKI J. MEHTA, J.

C.M. Appl. No. 49860/2018 (for exemption)

1. Exemption allowed, subject to just exceptions.

C.M. stands disposed of.

RFA No. 966/2018 and C.M. Appl. No. 49859/2018 (for stay)

2. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendants in the suit impugning the Judgment of the trial court dated 21.08.2018 by which the trial court has decreed the suit for possession, recovery of arrears of rent and permanent injunction filed by the respondent/plaintiff against the appellants/defendants. As per the plaint, the appellant no. 1/defendant no. 1 was a tenant of the respondent/plaintiff and the last paid rate of rent was Rs. 6,000/- per month taking the premises outside the protection of the Delhi Rent Control Act, 1958.

3. The facts of the case are that appellant no. 2/defendant no. 2 was the original owner of the suit property being LIG Flat No. 13-B (GF), Block DB situated at G-8 area, Rajouri Garden, Delhi. The appellant no. 2/defendant no. 2 sold the suit property to the respondent/plaintiff for a consideration of Rs. 4,25,000/- in terms of the usual Documentation dated 08.08.2000, and this documentation














































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