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DELHI HIGH COURT
C.HARI SHANKAR
Bhagwan Singh – Appellant
Versus
Kanhaiya Lal – Respondent


Table of Content
1. lease rights claimed by kanhaiya lal. (Para 4 , 5)
2. dispute over kanhaiya lal's status as lessee or licensee. (Para 6 , 8 , 10)
3. adj's ruling on impleadment of legal heirs. (Para 7 , 9 , 11)
4. limits of article 227 jurisdiction. (Para 13 , 14 , 19)
5. application of order xxii rule 3. (Para 20 , 21 , 22)
6. no conclusion on lessee vs. licensee. (Para 26 , 35)

JUDGMENT (ORAL)

CM No. 31377/2022 (exemption) and CM No. 31378/2022 (exemption)

1. Allowed, subject to all just exceptions.

2. The applications stands disposed of.

CM (M) 685/2022

3. This petition throws up a very limited controversy.

4. Respondent 1 Kanhaiya Lal filed Suit 956/2018 (Kanhaiya Lal v. MCD & others) against, inter alia, the Municipal Corporation of Delhi (MCD) and the petitioner Bhagwan Singh. In the suit, Kanhaiya Lal claimed to be a lessee of the suit premises.

5. The case set up by the plaintiff in the suit was this: The plaintiff is a washerman. A particular area in Timarpur, New Delhi, was demarcated, prior to India attaining independence, for washermen to wash clothes. It was identified as a "Dhobi Ghat". Yearly leases of the Dhobi Ghat were granted by the municipal authorities.

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