Y. V. CHANDRACHUD, A. D. KOSHAL, S. MURTAZA FAZAL ALI
Jain Ink Manufacturing Company – Appellant
Versus
Life Insurance Corporation Of India – Respondent
Judgment
FAZAL ALI, J.:- This appeal by special leave is directed against a Division Bench judgment dated December 6, 1978 of the High Court of Delhi and arises under the following circumstances.
2. The appellant was inducted as a tenant by one Mithanlal who was the owner of the premises in question and the rent payable at the time of the tenancy was Rs. 55 per month. The premises were, however, purchased by the Life Insurance Corporation of India (for short LIC) at a court auction on July 19, 1958 and the appellant in view of the same attroned to the new landlord, namely, the LIC. The Delhi Rent Control Act of 1958 (hereinafter referred to as the Rent Act), came into force on February 9, 1959 and on July 24, 1969 the new landlord gave a notice under S. 106 of the Transfer of Property Act to the appellant determining the tenancy. This notice, however, was subsequently withdrawn and after some correspondence with the appellant the rent was increased by the LIC from Rs. 55 to Rs. 125 per month. Sometime towards the end of July 1966, the LIC gave a fresh notice under S. 106 of the Transfer of Property Act purporting to determine the tenancy. Thereafter, there were some parleys between t
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