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2008 Supreme(SC) 341

TARUN CHATTERJEE, DALVEER BHANDARI
Vaishakhi Ram – Appellant
Versus
Sanjeev Kumar Bhatiani – Respondent


judgment

Tarun Chatterjee, J. —

1.Leave granted.

2.This appeal is directed against the final judgment and order dated 23rd of January, 2007 passed by the High Court of Delhi in CM [M] No.126 of 2007 whereby the eviction of the appellants from a shop bearing No. III-1/9, Gopi Nath Bazar, Delhi Cantonment, Delhi (in short “the suit shop”) was affirmed on the ground of subletting under Section 14 [1] [b] of the Delhi Rent Control Act, 1958 (for short “the Act”).

3.The appellant no.1 was inducted as a tenant in the year 1956 by the erstwhile owners of the suit shop, viz., Som Nath and Mohinder Nath. He was all along in continuous possession of the suit shop and was conducting the business from the same along with his brother Chunni Lal of Chunni Lal and Sons under the name and style of M/s Mitra Book Depot. The rent receipts issued by the landlord were in the name of M/s Mitra Book Depot as tenant at the rate of Rs.65/- per month. Subsequently, a business was started in a portion of the suit shop in the name of M/s. Mitra Stores and M/s. Lucky Confectioners. In the year 2000, Som Nath and Mohinder Nath sold the suit shop to one Anil Anand. However, the rent of the suit shop was continued
















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