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2020 Supreme(Del) 1496

SANJEEV SACHDEVA
Bhupinder Singh – Appellant
Versus
S. Ravinder Singh – Respondent


Advocates Appeared:
For the Appellant :Naginder Benipal, Naveen Chaudhary, Manpreet Kaur and Gaurav Sharma, Advocates
For the Respondents:P.D. Gupta, Senior Advocate and Abhishek, Advocate

JUDGMENT :

Sanjeev Sachdeva, J.

1. Petitioner impugns order dated 02.05.2019 whereby leave to defend application filed by the petitioner has been dismissed and an eviction order passed.

2. Subject eviction petition was filed by the respondents in respect of the premises bearing Shop No. 863, Ground Floor & Basement, Old Lajpat Rai Market, Delhi-110006.

3. It is contended in the eviction petition that respondent is the co-owner and co-landlord of the entire property. Said property was owned by Amar Singh Sethi, father of the respondent and his brother and sisters, which was allotted to him by Ministry of Home Affairs (Rehabilitation Division). Mr. Amar Singh Sethi expired on 09.10.2009 bequeathing the subject property by way of a registered Will in favour of his wife and children and thereafter his wife expired, intestate, and accordingly respondent and his brother and two sisters became one-fourth owner each of the subject property.

4. It is contended that the tenanted premises was let out by father of the respondent at a monthly rent of Rs. 2000/- to petitioner. Subsequently, rate of rent was enhanced by 10% to Rs. 2200/-. It is contended in the eviction petition that respondent was ca

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