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Shri Mukesh Kumar vs Shri Sukhdev Singh on 17 November, 2011

16. It is also stated by counsel for respondent that the present Mukesh Kumar Vs. Sukhdev Singh Page 10 of 15 E.No.75/2006 eviction petition is not maintainable because a title suit for specific performance is pending before the Ld. Civil Court, however, the Hon'ble High Court of Delhi in a case titled as "Shri Ramesh Chand Sharma Vs. Shri R.S. Aggarwal & Ors" (supra) held that there is no bar for the Controller to decide an eviction application merely on the ground that a title suit relating to the suit property was also pending before the Civil Court.
Delhi District Court Cites 8 - Cited by 0 - Full Document

M/S. S.S. Investments vs (1) Sh. Yogender Sen Manchanda on 29 November, 2014

The said issue with regard to the right of Late Sh. S.K. Mehta, selling premises in question to the petitioner is pending adjudication in a Civil Suit bearing No. 36/09. Therefore respondents have alleged that as dispute with regard to title of the premises in question is yet to be decided by a competent Civil Court, so petitioner has not right to file present eviction petition and get relief on the strength of said petition. The said argument is not tenable for the reason that admittedly there is not stay on present proceedings and pendency of a Civil Suit relating to the decision of title of the premises in question, does not by itself create bar for deciding the present eviction petition. Reliance in this regard is made on the case law Ramesh Chand Sharma Vs. R.S. Aggarwal & Ors. 1982 (2) All India Rent Control General 428.
Delhi District Court Cites 12 - Cited by 0 - Full Document
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