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1984 Supreme(Del) 142

D.K.KAPUR, D.P.WADHWA
VIRA RAI – Appellant
Versus
S. P. SACHDEVA – Respondent


Advocates Appeared:
K.L.Sethi, V.K.SRIVASTAVA

D. K. Kapur, J.

( 1 ) BE referring order dated 8th October 1982, this second appeal directed against the order of the Rent Control Tribunal dated 4th March 1982 has been referred to a Division Bench. The question before the court is the meaning to be given to section 45 of the Delhi Rent Control Act, 1958 for the purpose of the restoring certain amenities which have been taken away from the tenant.

( 2 ) THE tenant had applied under Section 45 (1) of the Act staling that he had been deprived of the use of a water closet, bath room and kitchen which formed part of this tenancy and the same should be restored. An application for interim relief was moved under section 45 (3) of the Act pending the enquiry.

( 3 ) THE learned Additional Rent Controller found that the tenant had been let out a shop along with a bath room, W. C. and a small room at the back and hence he passed an interim order under Section 45 (3 ). The landlady s appeal to the Tribunal failed. The decision of the Tribunal was based on the decision of this court in Smt. Naresh Rani v. Hari Dutt, 1972 Rent Control Reporter 407. It was there held by B. C. Misra, J. that a bathroom was an essential supply within the meaning




















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