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1997 Supreme(Del) 467

USHA MEHRA
SUDERSHAN DUTTA – Appellant
Versus
KRISHAN NARAIN – Respondent


Advocates Appeared:
Kaveri Dayal, Sudershan Batra, V.B.ANDLEY

Usha Mehra, J.

( 1 ) KRISHAN Narain and others sought eviction of two rooms, one verandah, kitchen, bath room and latrine on the first floor of premises bearing flat No. 2, House No. 6079, Block UB-39, Jawahar Nagar, Delhi in occupation of the tenant petitioner herein. The petition was filed on the ground of bonafide requirement. Leave to contest by the petitioner was rejected by the Additional Rent Controller (in short the ARC) thereby holding that no triable issue had been raised by this petitioner. That the need of this respondent/landlord and bonafide. Aggrieved by this order present revision has been preferred.

( 2 ) TO appreciate the challenge we may have quick glance to the brief facts of the case. The respondent No. 1 and husband of respondent No. 2 were the sons of Shri Sri Narain owner of the premises in question. After his death, respondent No. 1 and the husband of respondent No. 2 alongwith their sisters inherited this property. Sisters of the respondents relinquished their right in favour of the respondent No. 1 and husband of respondent No. 2. Respondent No. 1 with his wife has been residing in two-rooms set on the first floor of the premises in question. He is issuel






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