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1977 Supreme(SC) 175

V.R.KRISHNA IYER, JASWANT SINGH, R.S.SARKARIA
Kanta Goel – Appellant
Versus
B. P. Pathak – Respondent


Advocates:
D.P.MUKHERJI, F.S.NARIMAN, G.S.CHATTERJEE, PREM MALHOTRA

Judgment

KRISHNA IYER, J. - So heartening to the judges bosom is the happy ending of a bitterly fought litigation where the law is declared by the Court and justice is accomplished by the parties settling the differences, assisted by activist judicial suggestions and promoted by constructive counselling by advocates. Such is the pleasing culmination of this case which relates to an ejectment proceeding under S. 14A of the Delhi Rent Control Act, 1958 (Act 59 of 1958). The Controller directed eviction, refusing leave to the tenant to contest the application for eviction. The High Court, in the revision filed by the tenant, went into an elaborate discussion on many matters but somehow missed a plea fatal to the landlords claim and affirmed the relief of eviction although on different grounds,. The aggrieved tenant sought special leave to appeal which was granted and, thanks to the landlord appearing by caveat even at the preliminary hearing, leave was granted and the appeal itself was heard the very next day. Thus at the SC level quick justice has been meted out and fortunately our judgment has resulted in a re-adjustment between the parties and, hopefully, the healing of the wounds o













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