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1979 Supreme(SC) 447

A.P.SEN, S.MURTAZA FAZAL ALI
Mohan Singh – Appellant
Versus
Subhash Chander Julka – Respondent


JUDGMENT

FAZAL ALI, J.:— This appeal by special leave is directed against the Order of the High Court of Delhi dismissing an application in revision filed by the appellant before the High Court.

2. In the view that we take in the case, it is not necessary to give the facts in detail as they are already contained in the Order of the Rent Controller. The plantiff-respondent had filed the petition for eviction of the appellant on the ground of his bona fide requirement in respect of the premises which consist of two rooms one store room, open verandah, courtyard, bathroom, latrine, kitchen on the first floor and barsati on the second floor, with open terrace. The eviction was sought for in respect only of the first floor and portion of the second flood, being the ground floor occupied by the landlord-respondent himself. The property in dispute was originally evacuee property but subsequently the plaintiff-respondent appears to have acquired the property in dispute from the custodian. The appellant filed an application before the Rent Controller for leave to defend the suit under the provisions of Section 25B of the Delhi Rent Control Act, 1958 (hereinafter to be referred to as the Rent









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