S. N. Kapoor, J. (Oral)

( 1 ) THIS petition is directed against an order 25th April 1975 under Section. 19 of the Slum Areas (Improvement and Clearance) Act, 1958 (hereinafter called the act for short ).

( 2 ) THE learned Competent Authority (Slum) has granted permission vide impugned order, to file eviction petition against the present petitioner on the ground that all the respondents owned house No. WZ 40 in Sant Garh, Tilak Nagar, Delhi. They let out the said house to the petitioner for their residence. They would not create a slum in case of their eviction from the premises under dispute.

( 3 ) FEELING aggrieved by the said order, this petition has been filed inter alia on the ground that house No. WZ 40 Sant Garh, Tilak Nagar exclusively belonged to Baldev Raj and to none other petitioner. The petitioner No. 4 was never a tenant and he had just been impleaded on the ground that he happened to be the son of the former tenant Shri Raj Dhar. Since long he had been living separately his own premises. The learned Competent Authority (Slum) has completely overlooked the income and means of petitioner Nos. 1-3.

( 4 ) IN the light of the above, two questions are required to be seen:

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