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2019 Supreme(Del) 782

YOGESH KHANNA
Banwari Lal (Since Deceased) through LRs. – Appellant
Versus
Mahender Pal Gupta – Respondent


Advocates:
Advocate Appeared:
H.P. Aditya, Anil Kumar Sharma, Vikas Kumar Sharma, Sanjay Garg.
.

JUDGMENT :

YOGESH KHANNA, J.

1. This petition challenges the impugned order dated 08.05.2018 passed by the learned Trial Court whereby the application for leave to defend application of the petitioner was dismissed in eviction petition No. E837/2017 titled as Mahender Pal Gupta vs. Banwari Lal (since deceased) in respect of Shop No. 10893/8, Ward No. XIV, East Park Road, Manakpura, Near Filmistan Cinema, Karol Bagh, New Delhi-110005 (hereinafter tenanted shop) and an eviction order was passed.

2. The respondent filed the eviction petition under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 (hereafter 'DRC Act') on the following grounds:-

"Shri Sehdev Gupta son of Shri Sita Ram Gupta had purchased the property from Sh. Om Prakash Saini son of Shri Ch. Nanak Chand R/o Mohalia Manak Pura, Delhi on 25th June, 1957 which was duly registered on 20th July, 1957. Sh. Sehdev Gupta expired on 26th March, 1999 and after his death this property came in favour of the petitioner by way of registered Will dated 24th October, 1997 and after the death of Sh. Sehdev Gupta, the respondent No. 1 who was tenant of the petitioner, expired in 2002 but the representative of respondent No. 1 does not

























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