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1982 Supreme(SC) 20

A.D.KOSHAL, R.B.MISRA, V.BALAKRISHNA ERADI
Anand Kaur – Appellant
Versus
Pritam Lal – Respondent


Advocates:
G.D.GUPTA, VINU BHAGAT

JUDGMENT:— The short point arising for determination in this appeal concerns the validity of a notice served by the landlady-appellant on the tenant-respondent and purporting to be one issued in accordance with the provisions contained in cl. (a) of sub-sec. (1) of S. 14 of the Delhi Rent Control Act (hereinafter called the Act), and we may at the very outset reproduce the relevant provisions of that section :

"14. (1) Notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by any court or Controller in favour of the landlord against a tenant.

Provided that the Controller may, on an application made to him in the prescribed manner, make an order for the recovery of possession of the premises on one or more of the following grounds only, namely :-

(a) that the tenant has neither paid nor tendered the whole of the arrears of the rent legally recoverable from him within two months of the date on which a notice of demand for the arrears of rent has been served on him by the landlord in the manner provided in Section 106 of the Transfer of Property Act, 1882; ......

14. (2) No order for









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