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1986 Supreme(SC) 48

O.CHHINNAPPA REDDY, V.KHALID
Girdhari Lal And Sons – Appellant
Versus
Balbir Nath Mathur – Respondent


Advocates:
EJAZ MAZBUI, F.S.NARIMAN, GIRISH CHANDRA, Heleys Marc, K.K.GUPTA, M.K.MUKHI, M.L.Lahoty, MANIK KARANJAVALA, R.N.KARANJAWALA, S.P.SINGH, Sarla Chandra

JUDGMENT

CHINNAPPA REDDY, J. —Albir Nath Mathur obtained an ex parte decree for eviction against M/s. Om Prakash & Company and Kusum Rani, a partner of M/s. Om Prakash & Company in respect of the groundfloor or premises of No. 90, Sunder Nagar, New Delhi. Three of the partners of M/s. Om Prakash & Company, it must be mentioned at the outset, are the sister-in-law and the two minor daughters of Balbir Nath Mathur himself. When Balbir Nath Mathur sought to execute the decree for eviction, M/s. Girdhari Lal & Sons who are in occupation of the premises filed an objection petition before Rent Controller, purporting to do so under S. 25 of the Delhi Rent Control Act, 1958. The objection petition was rejected by the Rent Controller. The order of the Rent Controller was confirmed on appeal, by the Rent Control Tribunal and, by the High Court, on further revision. M/s. Girdhari Lal & Sons have filed this appeal with the special leave of this court.

2. The Rent Controller and the Rent Control Tribunal concurrently found that Balbir Nath Mathur was the owner of the premises, that Om Prakash & Company was the tenant and that Girdhari Lal & Sons were the sub-tenants under Om Prakash & Company. T

































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