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2004 Supreme(SC) 1602

S.B.SINHA, H.K.SEMA, N.S.HEGDE, S.N.VARIAVA, B.P.SINGH
Nathi Devi – Appellant
Versus
Radha Devi Gupta – Respondent


Judgment

B.P. Singh, J.—In this appeal by special leave appellant Nathi Devi is the tenant while respondent Radha Devi Gupta is the landlord who filed an application for the eviction of the appellant on the ground that she required the premises for her bona fide personal need invoking the provisions of Section 14D of the Delhi Rent Control Act, 1958 (hereinafter referred to as the ‘Act’) which, according to her, entitled her to immediate possession of the premises in question being a widow landlady. The appellant filed an affidavit and prayed for leave to defend on the ground that the petition raised many triable issues. The Additional Rent Controller, Delhi by his judgment and order dated 12th November, 1997 after considering the submissions urged before him came to the conclusion that the tenant had failed to make out a case for grant of leave to defend as she had failed to raise any triable issue. He, therefore, allowed the petition under Section 14D of the Act and passed an order of ­eviction.

2. The appellant then moved the High Court in C.R.No. 70/98 and C.M.No. 298/98 impugning the order of eviction passed by the Additional Rent Controller, Delhi. The High Court concurred with
























































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