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1982 Supreme(Del) 148

B.N.KIRPAL, PRAKASH NARAIN, S.S.CHADHA
MOHAN LAL – Appellant
Versus
TIRATH RAM GHOPRA – Respondent


Advocates Appeared:
G.L.RAVAL, I.S.MATHUR, SUNIL AGGARWAL

B. N. Kirpal, J.

( 1 ) THE main question which arises for consideration before this Bench is as to under what circumstances should leave to contest be granted to the tenant under section 25b (5) of the Delhi Rent Control Act, 1958 (hereinafter REFERRED TO to as the Act ) when an application for eviction under proviso (a) to sub-sec, (1) of Section 14 read with section 25b of the Act Act is filed against him by the landlord. This judgment will dispose of Civil Revision No. 1012 and Civil Revision No. 1013 of 1980 as the facts are identical and they, in fact, arise from the same order.

( 2 ) THE respondents (hereinafter REFERRED TO to as the landlords) are the owners of House No. 518, Gali Ram Nath, Joshi Road, Karol Bagh, New Delhi. The two respondents are brothers. Anapplication for eviction was filed by them on 7. 480 under section 14 (l) (e) read with section 25b of the Act. It-was contended in the application that respondent No 1 was aged about 68 years and was residing in a rented premises at Tagore Garden, New Delhi. It was further stated that the said premises had been taken by respondent No. I on rent for a period of 11/2 years with effect from 1st March, 1979 upto 31st Aug

















































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