C.K.MAHAJAN, R.C.LAHOTI, A.D.SINGH
KEDAR NATH – Appellant
Versus
RAM PARKASH – Respondent
( 1 ) THE rules and the principles of case law have never been treated as final truths, but as working hypotheses, continually retested in great laboratories of the law, the Courts of justice. Every new case is an experiment ; and if the expected rule which seems applicable yields a result which is felt to be unjust the rule is reconsidered -aid Cordozo (The Nature of The Judicial Process, p. 23 ). It is this philosophical approach to rule of law which has persuaded two learned Single Judges of this Court seeking resolution of conflict in judicial opinion on a point of frequent recurrence before the Courts of law. This is how three matters are before the full Bench.
( 2 ) SAO 276/79 is an appeal preferred by a landlord who has lost his eviction petition from the Court of the Rent Controller and also from Rent Control Tribunal in appeal. One of the grounds of eviction pleaded by the landlord was that the defendant has constructed a house at Golf Links New Delhi. In the petition the house was described as 61, Glof Links. later on the landlord learnt that the number of the house constructed by the tenant was 62, Glof Links, and not 61, golf Links. He sought for
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