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DELHI HIGH COURT
C.HARI SHANKAR
Pradeep Kumar Chhabra – Appellant
Versus
Kumud Sharma @ Karun Sharma – Respondent


JUDGMENT (Oral)

1. This petition assails order dated 24th February, 2022 passed by the learned Civil Judge in CS SCJ 756/2020, dismissing the objection raised by the petitioner, as the defendant before the learned Civil Judge under Order XXIII Rule 1(3) read with Order XXIII Rule 1(4) of the Code of Civil Procedure, 1908 (CPC).

2. The respondent had filed an eviction petition against the petitioner under Section 14(1)(e) of the Delhi Rent Control Act, 1958. The petitioner, as the respondent in the said eviction petition, contested, in its reply to the eviction petition, the factum of tenancy and claimed that the petitioner was not a tenant of the respondent.

3. The respondent, thereupon, withdrew the eviction petition filed by it and proceeded to file CS SCJ 756/2020, from which the present proceedings emanate. The earlier Eviction Petition No. E-15/19, filed by the respondent against the petitioner under Section 14(1)(e) of the DRC Act asserted that the petitioner had been inducted as a tenant in the property forming subject matter of the petition (hereinafter "the suit premises") vide a rent agreement dated 23rd May, 1989. Apart from alleging default in payment of rent on t

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