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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment delivered on: 13.11.2019

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RC.REV. 561/2016

MITHLESH KUMAR

..... Petitioner

versus

M/S SUBHASH CHANDRA TRIPATHI & SONS & ORS

..... Respondents

Advocates who appeared in this case:

For the Petitioner:

Ms. Noopur Singhal, Advocate.

For the Respondent:

Mr. C.S.Bhandari, Advocate.

CORAM:-

HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1.

Petitioner impugns order dated 16.08.2016 whereby the leave to

defend application of the petitioner has been dismissed and an eviction

order passed.

2.

Subject eviction petition was filed by the respondent seeking

eviction of the petitioner from Shop No.7 in property No.4A-5, House

No.209/8, Post Office Block, Krishna Nagar, Delhi-110051. It was

contended by the respondent in the eviction petition that the subject

property was owned by Smt. Vijay Kumari, wife of respondent No.1 who

died intestate leaving behind four sons and all of them had become co-

owners of the subject property.

3.

It is contended by the respondents that there are nine shops in the

property. Respondents had recovered possession of Shop Nos.1 & 2 unde