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1989 Supreme(SC) 35

L.M.SHARMA, M.H.KANIA
K. G. Rama Iyer – Appellant
Versus
Jwala Prashad – Respondent


(1) THIS appeal has been preferred by the tenant against his landlord who is the respondent before us. The respondent filed an eviction petition on three grounds: (i) wilful default in payment of rent, (ii) unlawful sub-letting and (iii) that the premises were required for demolition and reconstruction. The Rent Controller passed an order of eviction upholding all the three grounds. On appeal the learned Chief Judge of the court of Small Causes held that the grounds of unlawful sub-letting and requirement of premises for demolition and reconstruction were unsustainable but upheld the decree for eviction on the ground of wilful default in the payment of rent. Both the landlord and the tenant preferred revision applications to the High court against this decision, which were dismissed. It may be mentioned that the revision petition of the landlord was directed against the findings of the learned Chief Judge on the question of sub-letting and the requirement of premises for demolition and reconstruction. The landlord has not preferred a special leave petition against the decision of the High court in the revision peti- tion preferred by him. The appeal before us is at the inst


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