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1978 Supreme(SC) 384

P.S.KAILASAM, D.A.DESAI, A.D.KOSHAL
B. N. Mutto – Appellant
Versus
T. K. Nandi – Respondent


Advocates:
B.MOHAN, G.L.SANGHI, PRAVIN KUMAR, RAMESHWAR NATH ROY, S.R.AGARWAL, S.S.RAY

Judgment

KAILASAM, J.:- This appeal is by special leave by the landlord against the judgment of the High Court of Delhi whereby it allowed a revision of the respondent-tenant and set aside the order of eviction passed by the Rent Controller, Delhi, rejecting the application of the respondent seeking permission to contest the proceedings for eviction filed by the appellants under Section 14-A (1) of the Delhi Rent Control Act.

2. The appellant, Shri B. N. Muttoo, Inspector General of Police, leased the property No. F-9, East of Kailash, New Delhi, to the respondent from 15th September, 1972 at a monthly rent of Rupees 2,200 exclusive of electricity and water charges. The lease was for the use of the premises for residential and/or professional purposes only and not for commercial purposes. The lease agreement was renewed from time to time and the respondent became a monthly tenant under the Delhi Rent Control Act, 1958. On 18th July, 1974 the landlord filed a petition for eviction of the respondent on the grounds of misuser, sub-letting and bona fide requirement. The petition was registered as Suit No. 182 of 1974 and is still pending.

3. The first appellant, B. M. Muttoo, retired as I






























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