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2019 Supreme(Del) 2583

PRATHIBA M.SINGH
Mohd. Tahir – Appellant
Versus
Khwaja Syed Mohd. Mehdi Nizami – Respondent


Advocates Appeared:
For the Appellant :S.K. Bhaduri, Rakesh Kumar and Neetu Gupta, Advocates

JUDGMENT :

Prathiba M. Singh, J.

CM APPL. 39224/2019 (for exemption)

1. Allowed, subject to all just exceptions. Application is disposed of.

CM(M) 1288/2019 & CM APPL. 39225/2019

2. The present petition challenges the order passed by the ld. District and Sessions Judge dated 14th May, 2019. The appeal was filed against the original order of the Additional Rent Controller (hereinafter 'ARC') dated 8th September, 2016.

3. The appeal and the original order arise out of the proceedings for eviction instituted by the Respondent/landlord (hereinafter 'landlord'). The landlord had originally filed an application under Order XXVI Rule 9 CPC which came to be decided on 27th March, 2014 in the following terms:

    "1. Through this order I shall dispose of an application under Order XXVI Rule 9 read with section 151 CPC filed on behalf of petitioner for appointment of Local Commissioner.

2. The petitioner herein has preferred a petition under section 14(1)(j) of Delhi Rent Control Act, 1958 on account of illegal and unauthorized construction being carried out by the respondent owing to which he seeks eviction of the respondent/tenant. This application has been filed for appointment of Local Commissioner

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