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1992 Supreme(Del) 116

Y.K.SABHARWAL
JAGAN NATH – Appellant
Versus
HAR LAL – Respondent


Advocates Appeared:
ANIL KHER, G.N.AGGARWAL, GIRISH AGRAWAL

Y. K. Sabharwal

( 1 ) THIS petition under Article 227 is directed against the order of the competent authority under Slum Areas (Improvement and Clearance) Act, 1956, made on 15th January, 1974 granting permission in favour of respondents 1 and 2 herein to institute eviction proceedings in respect of disputed premises No. 583, Kucha Pati Ram, Delhi. The respondents 1 and 2 had filed an application under Section 19 (1) (a) of the aforesaid Act seeking permission to institute eviction proceedings against the petitioner and respondents 3, 4 and 5 besides Sh. Shiv Prasad, father of the petitioner and respondents 3, 4 and 5. It seems that Sh. Shiv Prasad had died during the pendency of the proceedings before the competent authority. According to the averments made in this petition Sh. Shiv Prasad died on 6th November, 1971.

( 2 ) IN the impugned order, on consideration of evidence which was filed in the form of affidavits, the learned competent authority has come to the conclusion that the petitioner Jagan Nath had deserted the disputed premises and was not living therein. It would be useful to notice that admittedly, respondents 3, 4 and 5 who are brothers of the peiitioner were not liv














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