J. P. Swami VS Ravi Chand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

M.L.MEHTA
J. P. Swami – Appellant
Versus
Ravi Chand – Respondent

Counsel for the Parties:
For the Petitioner:Mr. C. Mohan Rao with Mr. Lokesh Kumar Sharma, Advocates.

JUDGMENT (ORAL)

M. L. Mehta, J.—This is a petition against the judgment and order dated 24.11.2010 of the Rent Controller whereby the suit of the petitioner under Section 6, Specific Relief Act filed against the respondent was dismissed.

2. The petitioner had filed a suit bearing No. S.35/2009 against the respondent seeking possession of a part of property bearing No. A.1144, Gharoli Dairy Farm, Delhi-96. This property was stated to be having three interconnected chambers on the ground floor. As per the averments of the petitioner, he was in peaceful possession of the property, but on 28.2.l998, defendant Ravi Chand broke open the lock of the last chamber (suit property) and since then, was in possession thereof. In the written statement that was filed by the respondent, it was averred that he was a tenant in respect of the said shop under the plaintiff. Some other pleas regarding maintainability of the suit were also taken. The suit was dismissed primarily on the ground that the documents filed by the petitioner did not prove his ownership of the suit property as all these documents were unregistered. From the impugned judgment, it is also noticed that the respondent was ex parte

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