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1985 Supreme(Del) 231

G.C.JAIN
TRESSA NAIR – Appellant
Versus
SOBHA RAM – Respondent


Advocates Appeared:
G.C.LALVANI, G.S.Vohra

G. C. Jain

( 1 ) NO. 25/23 Old Rajinder Nagar, New Delhi consisting of one room, store with common use of Verandah, bath, latrine and open courtyard, to the respondent Sobha Ram on a monthly rent of Rs. 100. 00 on 7. 11. 74. On 8. 11. 79 she brought a petition for his eviction from the said premises u/s 14 (l) (e) of the Delhi Rent Control Act (the Act ).

( 2 ) THE tenant defended the claim on a variety of contentions. These are (i) the petition did not disclose a cause of action for want of plea that the landlady had no other reasonably suitable accommodation, (ii) the letting purpose was residential cum-commercial and (iii) the landlady required accommodation for herself and her daughter only, the accommodation with her was reasonably suitable. The petition had been filed because the tenant had filed a suit for recovery of Rs. 10,000. 00 which he had advanced to the landlady on the day of letting and had obtained a decree. She had even withheld the rent deed executed at the time of letting. Her requirement was not bonafide.

( 3 ) THOSE pleas found favour with the ARC. He consequently dismissed the eviction petition on May 5, 1984. Feeling aggrieved the landlady has brought this re




















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