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1985 Supreme(Del) 52

AVADH BEHARI ROHATGI
PREM SAROOP CHOPRA,MAHINDER PAL SINGH – Appellant
Versus
SOM NATH BHATIA , MIRAN GUPTA – Respondent


Advocates Appeared:
ALAKH KUMAR, C.L.RAVAL, C.L.Sachdev, R.K.MAKHIJA, SUNIL AGGARWAL, VINAY BHASIN

Avadh Behari Rohatgi, J.

( 1 ) THESE are two appeals from the orders of the Rent Control Tribunal. There is common question of law, namely, whether there is misuse of property and whether the tenant is liable to eviction under clause (k) of Section 14 (1) of the Delhi Rent Control Act (the Act ). This judgment will govern both the appeals, I will take up first S. A. O. No. 241 of 1983.

( 2 ) FIRST the statutory provisions. Clause (k) of section 14 ( 1) of the At says that the Controller will make an order for recovery of possession on the ground namely :

" (K) that the tenant has, notwithstanding previous notice, used or dealt with the premises in a manner contrary to any condition imposed on the landlord by the Government or the Delhi Development Authority or the Municipal Corporation of Delhi while giving him a lease of the land on which the premises are situated :"sub-section (II) of section 14 says :

"no order for the recovery of possession of any premises shall be made on the ground specified in clause (k) of the proviso to subsection (1), if the tenant, within such time as may be specified in this behalf by the Controller, complies with the condition imposed on the landlord by














































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