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1982 Supreme(SC) 234

D.A.DESAI, V.BALAKRISHNA ERADI
Ram Pyari – Appellant
Versus
Daya Rani – Respondent


Advocates:
B.S.Chauhan, M.K.D.NAMBUDIRY, S.BALAKRISHNAN, T.SHRIDHARN, V.M.TARKUNDE

(1) SPECIAL leave is granted.

(2) THIS is one of the usual cases in which leave to contest an application filed by the respondents for eviction under S. 14(1) proviso (e) of the Delhi Rent Control Act was refused by learned Rent Controller on the grounds which- are wholly untenable. The case is fully covered by the ratio of the decision of this court in Precision Steel & Engineering Works v. Prem Deva Niranjan Deva Tayal. Consequently, the appeal will have to be allowed. We accordingly allow this appeal, set aside the order of the Rent Controller as well as the order of the High court and grant leave to contest the petition for eviction. We remit the matter back to the Rent Controller with a direction to decide it according to law and the hearing of the matter will be expedited. There will be no order as to costs.

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