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2018 Supreme(P&H) 3930

ANIL KSHETARPAL
Rakesh Kumar – Appellant
Versus
Saroj Rani – Respondent


Advocates Appeared:
Sandeep K. Sharma, Advocate, for the Petitioner; Vikas Bahl, Senior Advocate, with Mr. Nitish Garg, and Ms. Aarzoo B.Grewal, Advocates, for the Respondents

ORDER

Anil Kshetarpal, J. - Petitioner-tenant is in the revision petition against the concurrent orders of eviction passed by the learned Rent Controller affirmed by the learned Appellate Authority.

2. Question which needs determination is "Whether a tenant who has not bonafidely disputed the derivative title of a landlord is entitled to benefit of one more opportunity to assessment of the provisional rent in terms of judgment passed by the Hon'ble Supreme court in the case of Rakesh Wadhawan v. Jagdamba Industrial Corporation, 2002(1) RCR (Rent) 514 ".

3. Some facts are required to be noticed.

4. Originally property in dispute in the shape of plot was allotted to one Shri Birbal, who transferred the same to Late Sh. Madan Bakshi. Late Sh. Madan Bakshi had constructed the house. On the death of Madan Bakshi property was inherited by his widow Kamla. The transfer was recorded in the records of Cooperative House Building Society. It is undisputed that Gopal Krishan Bakshi, son and widow-Kamla inducted petitioner-tenant in one room of the residential premises. It is the case of the landlord that Smt. Kamla transferred her rights in favour of the respondent-landlord Saroj Rani in the y

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