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1991 Supreme(SC) 80

K.JAGANNATHA SHETTY, L.M.SHARMA, P.B.SAWANT
Emc Steel LTD. , Calcutta: Santosh Sethi – Appellant
Versus
Union Of India: Indian Produce Export Corporation – Respondent


JUDGMENT

SAWANT, J.— S.L.P. (C) No. 12111 of 1990: Leave granted.

2. This appeal raises the question of the validity and interpretation of Section 14-D of the Delhi Rent Control Act, 1958 (hereinafter referred to as the "Act"). In companion matters{Surjit Singh Kalra v. Union of India, (1991) 2 SCC 87}, we have already pronounced upon the validity and interpretation of Section 14-B of the Act. Hence, it is not necessary to discuss in this judgment the points which are common to both sections. These points will be deemed to have been concluded by the said decision.

3. The only point which remains to be dealt with and is peculiar to Section 14-D is whether to claim possession of such premises under the said section, the landlady must become a widow after the premises are let out either by herself or her husband.

4. Section 14-D of the Act reads as follows:

"14-D. Right to recover immediate possession of premises to accrue to a widow.- (1) Where the landlord is a widow and the premises let out by her, or by her husband, are required by her for her own residence, she may apply to the Controller for recovering the immediate possession of such premises.

(2) Where the landlord referred to in s







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