Keshav Metal Works And Anr. vs Jitender Kumar Verma on 15 December, 1993
(21) In the cases relied by Mr. Lekhi namely Dr. Mrs. N.D.Kanan, Mr. Edwin Brave and Radha Mohan, the tenant had raised the objection about the maintainability of the petition at the first available opportunity. This objection was taken either in the written statement or ill the leave to defend application. Hence the observation in those cases are of no help to the petitioner because he never look this plea before the trial court. Moreover the view expressed in those cases was distinguished in subsequent cases of this court, namely, Man mohan Mehra (Supra), Arvind Berry V. Admiral A.P.S. bindra (Supra), and Rup Chand V. Shanti Devi reported in 1987 Dlt (32) 269.