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1983 Supreme(Del) 28

B.N.KIRPAL, PRAKASH NARAIN
MOHAMMAD ISMAIL – Appellant
Versus
M. K. RAI – Respondent


Prakash Narain, J.

( 1 ) BY this petition under Articles 226 and 227 of the Constititution of India the petitioner challenges the order dated April II, 1972 passed by the Competent Authority under Section 19 of the Slum Areas (Improvement and Clearance) Act, 1956 whereby permission was granted to Smt. Maina Devi and Shri Sumer Chand, owners/landlords of the property occupied by the petitioner for commencing eviction proceedings against him.

( 2 ) PETITIONER resides in property No. 1444-45, Gali Fayyazgan J, Bahadurgarh Road, Delhi. The monthly rent was Rs. 5. 50 per month. The owners/landlords filed an application under Section 19 of the aforesaid Act for permission to start eviction proceedings. The grounds given were that the petitioner was in arrears of rent though he had means to pay the rent and property was required bonafide by the owners/landlords for themselves. The Competent Authority rightly come to the conclusion that the question of arrears of rent was not a matter which he is to decide. He had to only see whether the petitioner if evicted would create slums or whether he had means to take alternative accommodation. On the evidence led before the Competent Authority by





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