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2004 Supreme(All) 2627

VIKRAM NATH
ADARSH CHOPRA – Appellant
Versus
CHAMPA DEVI – Respondent


Advocates Appeared:
For the Appellant : D.C. Mathur, Adv.
For the Respondent: Om Prakash Misra, R.K. Singh and K.R. Singh, Adv.

JUDGMENT :

Vikram Nath, J.

This is a glaring case of the abuse of process of court and the law. A tenant having accepted the award of the Arbitrator dated 6.6.1979 and having enjoyed the conditions for continuing in possession for about five years subsequently retracted and has still not vacated the premises in dispute even after twenty years. Further the petitioner has the audacity to further obstruct to delivery of possession due on 1.4.1984 taking recourse to frivolous litigation.

2. The dispute relates to shop No. 12 in the tenancy of the petitioner, situated at, New Gandhi Nagar, Ghaziabad. Respondent is the owner and landlord of the said shop. As there was default in payment of rent, the respondent filed suit, for recovery of arrears of rent and for ejectment of the petitioner which was registered as S.C.C. Suit No. 123 of 1977, Smt. Champa Devi v. Dr. Adarsh Chopra. The said suit was decided, with the consent of the parties, on the basis of award dated 6.6.1979 given by the Arbitrator (Annexure-1 to the writ petition). The said award formed part of decree of the Court dated







































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