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DELHI HIGH COURT
V.KAMESWAR RAO
Jitender Kumar – Appellant
Versus
Hemant Kumar Gupta – Respondent
| Table of Content |
|---|
| 1. tenancy agreement and rental obligations. (Para 1 , 2 , 3) |
| 2. procedural history and defendant's failure to participate. (Para 4 , 5 , 6) |
| 3. admissibility of defendant's claims and counterclaims. (Para 9 , 10 , 11 , 12 , 14) |
| 4. issues regarding jurisdiction under order xii rule 6. (Para 18 , 19 , 20) |
| 5. discretion of the court in judgment on admission. (Para 22 , 23 , 24) |
| 6. criteria for eviction based on admissions. (Para 32 , 34 , 38) |
| 7. conclusion affirming trial court’s decision. (Para 39 , 40 , 42) |
JUDGMENT
V. Kameswar Rao, J. This appeal has been filed by the appellant under Section 96 of the CPC against the judgment dated December 20, 2019 (`impugned judgment', for short) passed in a Civil Suit being CS No. 616415/2016 (`Suit', for short). This Suit was filed by the respondent/plaintiff seeking a Decree of Possession, Recovery of Arrears of rent/damages and Permanent Injunction against the appellant/defendant in respect of premises being Room No. 29, Third Floor of property No. 1663-66, Didwani Motor Market, Kashmere Gate, Delhi, ad-measuring 180 Sq. Ft. (`Suit Property', for short), being the owner of the same.
2. The facts, in brief, as noted from the impugne
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