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2019 Supreme(Del) 2568

SANJEEV SACHDEVA
Devender Singh – Appellant
Versus
Kailash Chander Gupta – Respondent


Advocates Appeared:
For the Appellant :Manjul Dahiya, Advocate, A.S. Dahiya, Advocate
For the Respondents:Arun Gupta, Mansi Khurana and Samrendu Chaudhary, Advocates

JUDGMENT :

Sanjeev Sachdeva, J.

CM APPL. 20063/2019 (under Order I Rule 10 CPC)

1. Learned counsel for the applicant submits that since he has already raised a similar plea before the Rent Controller in execution proceedings, he seeks leave to withdraw the application with liberty to raise all available pleas before the Rent Controller.

2. In view of the above, application is dismissed as withdrawn.

3. All rights and contentions of the parties are reserved.

RC. REV. 387/2017 & CM APPL. 30413/2017 (stay), CM APPL. 14974/2019 (directions to pay outstanding rent), CM APPL. 40761/2019 (under Order XXII Rules 4 & 11)

4. Petitioners impugn order dated 07.04.2017, whereby, decree of eviction has been passed against the petitioners.

5. Respondents had filed the subject eviction petition seeking eviction of the petitioner from premises bearing Nos. 4104, 4105, 4154/III, Plot No. 118, Naya Bazar, more particularly, as shown in red colour in the site plan annexed with the eviction petition.

6. Learned counsel for the respondents submits that though the premises is known as premises bearing Nos. 4104, 4105, 4154/III, the tenanted premises in occupation of the petitioner is premises comprising of proper

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