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1995 Supreme(Del) 894

ARUN KUMAR
SURAIN SINGH – Appellant
Versus
TUISI RAM ARAUN – Respondent


Advocates Appeared:
B.J.NAYAR, R.C.SHARMA, Rajinder Mathur, V.B.ANDLEY

Arun Kumar, J. (Oral)

( 1 ) THIS appeal is directed against the judgment of the Rent Control Tribunal passing an eviction order against the appellant under clause (a) of the proviso to sub-section (1) of section 14 of the Delhi Rent Control Act (herein after referred to as the Act ). Both the courts below have declined to give benefit of section 14 (2) of the Act to the appellant tenant.

( 2 ) THE grievance of the appellant is that in the facts and circumstances of the case and in view of the law as laid down by the Supreme Court in Ram Murti vs. Bhola Nath, AIR 1984 SC 1392 the appellant is entitled to the benefit of section 14 (2) of the Act. The learned counsel for the appellant has not really challenged the decision of the Rent Control Authorities on the question of passing an eviction order under section 14 (1) (a) of the Act. The only point raised before this court is about denial of benefit of section 14 (2) of the Act by the authorities below.

( 3 ) IN order to appreciate the controversy involved in the present appeal, the basic facts are that an eviction petition was Filed by the respondent landlord against the present appellant under clause (a) of the proviso to sub-sectio



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