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1993 Supreme(Del) 597

JASPAL SINGH
JAGDISH SINGH – Appellant
Versus
SHYAM LAL CHARITABLE TRUST – Respondent


Advocates Appeared:
Aman Lekhi, SANJIV SINDHVANI

Jaspal Singh, J.

( 1 ) UNDER Clause (i) of Sub-section (1) of Section 14 of the Delhi Rent Control Act, eviction of a tenant can be sought if the premises were let to him for use as a residence by reason of his being in the service or employment of the landlord, and he has ceased to be in such service or employment. Taking advantage of this provision the Shyam Lal Charitable Trust sought the eviction of the present petitioner. It was claimed that he was allotted the premises in dispute on account of his being in the service or employment of the Trust and he had become liable to be evicted on account of his having ceased to be in such service or employment. The eviction petition was dismissed by the Additional Rent Controller but in appeal the Tribunal held the ground of eviction as proved and consequently allowed the appeal and passed an order of eviction under the said provision. Aggrieved by the said order the tenant has filed this petition.

( 2 ) AS per the learned Counsel for the petitioner the Tribunal completely misdirected himself by placing onus of proof on the petitioner, although in fact it was for the Trust to prove that the premises had been let to the petitioner for us



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