M.K.MUKHERJEE, S.MOHAN
V. Rajaswari – Appellant
Versus
Bombay Tyre International LTD. – Respondent
(1) THIS is rather an unfortunate case. Though the appellant-landlady came forward with an application under Section 14(l)(e) of the Delhi Rent Control Act, 1958 she could not succeed on that plea. The reason is; the courts have found that her entitlement is not activated by bona fides. However, pending the revision before the High court Section 14-D came to be introduced. That section reads as under:
"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 Ss. (1 has let out more than one premises, it shall be open to her to make an application under that Ss. in respect of any one of the premises chosen by her."
(2) A review was filed before the High court praying that in view of this section the landlady being a widow would be entitled to succeed in the eviction application. The learned Judge of the High court was of the view that it was not open to him to take subsequent change in legislation.
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