M.L.JAIN
KANWAL NARAIN – Appellant
Versus
L. F. TELLIS – Respondent
( 1 ) RESPONDENT was inducted as a tenant in the premises comprising 4 rooms, 2 verandah in the 1st floor and open space on the top floor, in a three storeyed house No. 44 Lekh Ram Road, in Darya Ganj, Delhi, some time in 1953. Late Lala Ram Narain terminated the tenancy by a notice of 8. 9. 1975 served on the respondent in Bombay. He filed an eviction application against the respondent on the ground of bona-fide requirement on 1. 10. 1975. That application has now been placed on record. He stated in his application that the premises are owned by HUF of which he was the karta. The HUF consisted of his son Kanwal Narain and his grandsons. In 1972, the respondent shifted to Bombay and promised to vacate the premises but failed to do so. The accommodation available with the applicant was insufficient for the family. He died on 19. 10. 1975. That application was dismissed on 23. 2. 1976.
( 2 ) SHRI Kanwal Narain an Advocate claiming as the Karta of the HUF again sent a notice to the respondent on 5. 3. 1976 and filed the present application on 30 4. 1976. He alleged that he is in occupation of 2 rooms, one sitting room and a dining room on the ground floor which is not s
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