V.N.KHARE, S.N.PHUKAN
Mitter Sen Jain – Appellant
Versus
Shakuntala Devi – Respondent
(1) THE appellant herein is a tenant of the premises situated at Sagarpur in Delhi, whereas the respondent is the landlord. The landlord let out the premises to the appellant on a monthly rent of Rs. 400.00 per month. Subsequently, the landlord terminated the tenancy by giving notice under Section 106 of the Transfer of Property Act. The landlord thereafter brought a suit for ejectment of the tenant as well as for recovery of arrears of rent and mesne profit. Before the trial court the tenant filed a written statement wherein one of the pleas taken was that the premises which was let out to him was covered by the Delhi Rent Control Act, 1958 and as such the suit is not maintainable. The trial court held that the premises was not covered by the Delhi Rent Control Act, 1958. Consequently, the suit was decreed. First appeal was preferred to the learned District Judge, which was dismissed. Thereafter the appellant filed a second appeal before the High Court and the same was also dismissed. It is in this way the appellant is before us in appeal.
(2) THE only argument raised on behalf of the appellant is that since the premises of which the appellant is a tenant is covere
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