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1964 Supreme(SC) 3

J.C.SHAH, M.HIDAYATULLAH
V. N. Vasudeva – Appellant
Versus
Kirori Mal Luhariwala – Respondent


Advocates:
B.P.MAHESHVARI, H.N.SANYAL, J.B.DADACHAN, O.C.MATHUR, Ravindra Narayan, S.T.DESAI

Judgment

HIDAYATULLAH, J.:

This is an appeal by special leave against the order of the High Court, Punjab dated August 14, 1963, by which an order of the Rent Controller under S. 15 (1) of the Delhi Rent Control Act, 1958 directing the appellant to deposit back rents at Rs. 300/- per month from July 1, 1957 was confirmed. The High Court granted the appellant one month s time from the date of its own order, as the original time had already run out.

2. The appellant is an advocate, who is practising at Delhi. He is occupying No. 43, Prithvi Rai Road, New Delhi as a tenant, and his landlord Seth Kirori Mal Luhariwala is the respondent in this appeal. The tenancy commenced on July 28, 1957, and the memorandum of tenancy dated July 1, 1957 produced in the case, shows that the premises were taken on a monthly rent of Rs. 300/-. The memorandum also contains other terms which need not be mentioned here because they are not relevant to the present appeal. It appears that Seth Kirori Mal was in arrears in payment of his income-tax, and a sum of Rs. 39,00,000/- was outstanding from him. On October 31, 1957, the Income-tax Officer Central Circle, New Delhi, to whom all cases of Seth Kirori Mal we









































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