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1989 Supreme(SC) 270

M. N. VENKATACHALIAH, R. S. PATHAK
Mohini Badhwar – Appellant
Versus
Raghunandan Saran Ashok Saran – Respondent


Advocates:
H.K.PURI, Mukul Mudgal, N.S.DAS BEHL, S.D.Lal, S.N.KACKAR, SHYAMALA PAPPU, Y.S.Chitale

JUDGMENT

PATHAK, CJI. : —This is a tenants appeal arising out of proceedings for her ejectment.

2. The respondent, as landlord of the premises let to the appellant, filed a petition for her eviction on the ground set forth in S. 14(l)(h) of the Delhi Rent Control Act, 1958, that is to say, that the appellant had "acquired vacant possession of......a residence" after the commencement of the Act, viz. her own house D-196, Defence Colony, New Delhi and was therefore liable to hand over possession of the rented premises occupied by her to the respondent. It was alleged that the appellant had acquired vacant possession of her house on 20 November, 1973 after the premises in suit had been let out to her on 1 April, 1971. The appellant denied that she was liable to ejectment.

3. The Assistant Rent Controller, Delhi, and the Rent Control Tribunal concurrently held that the appellant was owner of house D-196, Defence Colony, New Delhi, that on 20 November, 1973 the previous tenant had vacated the premises and handed over vacant possession and that thereafter she had sold it to one Smt. Leela Wati on 24 November, 1973. It was observed that during the period 20 November, 1973 to 24 November, 19




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