DELHI HIGH COURT
C.HARI SHANKAR
Harish Kumar – Appellant
Versus
Inder Mohan Nagpal – Respondent
| Table of Content |
|---|
| 1. jurisdiction under article 227 and eviction petition details. (Para 1 , 4 , 5) |
| 2. court's observations on the arc's decisions. (Para 2 , 3 , 20) |
| 3. arguments on co-owner's eviction rights and legal precedents. (Para 7 , 8 , 9 , 10) |
| 4. legal principles regarding order vii rule 11 cpc. (Para 12 , 15 , 22) |
| 5. final order and remand for further consideration. (Para 36 , 37 , 38 , 39) |
1. This petition under Article 227 of the Constitution of India assails order dated 9th June 2022, passed by the learned Additional Rent Controller ("the learned ARC") in Case No. E-36/2019 (Inder Mohan Nagpal v. Harish Kumar). The learned ARC has, by the impugned order, adjudicated an application filed by the petitioner, as the respondent in the aforesaid eviction petition, under Order VII Rule 111 read with Order I Rule 10(2)2 of the Code of Civil Procedure, 1908 (CPC). The learned ARC, in one breath, has rejected the petitioner's application both under Order VII Rule 11 as well as Order I Rule 10(2) of the CPC.
2. As the recital hereinafter would make apparent, while this Court does not find any cause to interfere with the decision of the learned ARC, insofar as it re
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