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1997 Supreme(Del) 275

USHA MEHRA
T. N. RAI – Appellant
Versus
RENT CONTROL TRIBUNAL – Respondent


Advocates Appeared:
AMITA GUPTA, K.K.RAI

Usha Mehra,j.

( 1 ) THE impugned order dated 9th January,1997 passed by the Rent Control Tribunal (in short the Tribunal) thereby dismissing the appeal of the petitioner has been assailed primarily on the grounds, namely, (i) that the petitioner was entitled to the protection of ten years under Section 3 (d) of Delhi Rent Control Act (in short the Act); and (ii) that the Court below has given very restricted meaning to Section 14 (1) (h) and (hh) of the Act thereby making the provision redundant and meaningless; and finally (iii) while granting eviction under Section 14 (1) (h) of the Act the Tribunal did not consider the question of suitability of the accommodation allotted to the petitioner by Delhi Development Authority which the Tribunal was bound to do under the law.

( 2 ) TO appreciate the challenge raised by the petitioner we may have a quick glance to the relevant facts. Mrs. Sudesh Kapoor filed an eviction petition under Clause (h) of the provision to Sub Section (1) of Section 14 of the Act seeking eviction of the petitioner/ tenant Shri T. N. Rai with the averments and allegation that the premises consisting of two bed rooms with attached bath, a drawing room, a dinning


















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