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2001 Supreme(SC) 1452

K.G.BALAKRISHNAN, UMESH C.BANERJEE
Kishan Chand – Appellant
Versus
Jagdish Prasad – Respondent


JUDGMENT

U.C.BANERJEE, J.

(1) LEAVE granted.

(2) THIS appeal is directed against an order of rejection of the civil revision petition by the High Court of Delhi, wherein the High Court categorically came to the conclusion that the appellant is guilty of concealment of material facts.

(3) INCIDENTALLY, the appellant sought eviction of the respondent-tenant on the ground that he required the tenanted premises bona fide for his residence and for the residence of his son. The High Court proceeded on the basis that there was in fact, a flat allotted to the appellants son which has already been taken in possession by the son and since there is no mention of the availability of such a flat in the body of the pleadings, the petition ought to be rejected by reason of concealment of material facts and hence, the appeal before this Court.

(4) THE learned advocate appearing in support of the appeal very strongly contended that there has been some confusion and mistake of facts which has prompted the High Court to come to a finding of concealment of facts. Strong reliance was placed on a decision of this Court in civil appeal no. 5040 of 2001 (arising o





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