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2015 Supreme(P&H) 14

G.S.SANDHAWALIA
Arun Sharma – Appellant
Versus
Usha Sunderam – Respondent


Advocates:
For the Petitioner:Mr. Shekhar Verma, Advocate.
For the Respondent:Mr. Sumeet Goel, Advocate, Mr. Manav Bajaj, Advocate and Mr. Sunil Fernandes, Advocate.

JUDGMENT

Mr. G.S. Sandhawalia J.: - Challenge in the present revision petition, filed by petitioner-tenant, is to the order dated 29.09.2011 (Annexure P1), whereby the Civil Judge (Jr.Divn.) Gurgaon has dismissed the two applications filed under Order 7 Rule 11 and Order 6 Rule 17 CPC, as the applications had been filed on the ground that the Haryana Municipal Corporation Act, 1994, had been made applicable to the area where the suit property is situated w.e.f. 02.06.2008 and as such, the same could not effect the litigation already initiated. Reliance was placed upon the judgment of the Apex Court in Mansoor Khan Vs. Moti Ram Harbhajan Kharat AIR 2002 SC 2396. An earlier application had also been dismissed on 05.08.2010 and the proposed amendment in the preliminary objection No.5 could not be allowed as it would lead to framing of a new case and controvert the admission made in para No.6 of the amended written statement.

2. The respondent-landlady filed a civil suit on 25.07.2007 (Annexure P9) for possession by way of ejectment and for recovery of arrears of rent with interests and costs along with damages for illegal use and occupation of the residential house bearing No.8003 DLF















































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