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1983 Supreme(Del) 223

M.L.JAIN
KAILASH CHAND – Appellant
Versus
SAKHIR CHAND – Respondent


M. L. Jain, J.

( 1 ) THE appellant Kailash Chand is the landlord and Sakhir Chand is the respondent tenant. The premises in dispute,, are situated at No. 2289-B/viii, Aqabkalan Masjid, Hinduwara, Bazar Sita Ram, Delhi, An eviction application was filed on the ground of non-pflyment of rent and personal bona fide requirement. In regard to arrears of rent the learned Additional Controller held that notice of demand has been duly served and aconditional order under Sec. 15 (1) of the Delhi Rent Control Act, 1958 was passed. On the other ground regarding personal bona fide requirement, the learned Additional Controller rejected the application. The landlord is living with his mother and his case was that he was likely to be married and his mother insisted that he should vacate the premises. His mother entered the witness box and supported him. The learned Additional Controller found that the landlord did not mention the bona fide requirement in his notice. He again failed to specify the other accommodation available with him in Nai Sarak.

( 2 ) THE learned Tribunal on appeal found that the appellant had not got married even by the time the appeal was pending. The learned Tribunal found



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