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1987 Supreme(SC) 227

R.S.PATHAK, RANGANATH MISRA
Sushila Devi – Appellant
Versus
Avinash Chandra Jain – Respondent


Advocates:
Abha Jain, AVADH BIHARI ROHTAGI, C.P.Mittal, Gaurav Jain, S.N.KACKAR, S.P.SINGH, Uma Jain

ORDER :- This appeal by special leave is directed against the judgment and order passed by a single Judge of the Delhi High Court dated January 17, 1985 disallowing the revision preferred by the appellants under sub-s. (8) of S. 25B of the Delhi Rent Control Act, 1958 in a proceeding brought by the respondents for recovery of the demised premises under S. 14(1)(e) wherein the appellants had been granted leave under subs. (5) of S. 25B to contest the application for eviction.

2. Shri Kacker, learned counsel for the appellants contends that there was a duty cast on the High Court under sub-s. (8) of S. 25B of the Act not only to call for the records but to satisfy itself that the order made by the Rent Controller under S. 14(1)(e) read with S. 25B(1) was in accordance with law. He submits that there is total non-application of mind on the part of the learned single Judge to the requirements of S. 14(1)(e). According to him, the respondents had twice earlier made unsuccessful attempts to get rid of the appellants on one pretext or another from the demised premises which was residential-cum-business premises, that the partition by the consent decree under the terms of which the demised





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