S.B.WAD
UNION CARBIDE INDIA LIMITED – Appellant
Versus
DALIP SINGH – Respondent
( 1 ) THIS is a tenant s revision application against the order of the Rent Controller refusing him leave to contest the landlord s application for eviction u/s 25-B of the Delhi Rent Control Act.
( 2 ) S. 25-B is in Chapter III-A which prescribes summary trial where the eviction is sought by the landlord u/s 14 (1) (e) or u/s 14-A. Chapter III-A has an over-riding effect on the other provisions of the Act by virtue of S. 25-A Under the Transfer of Property Act a lessor has a right to evict the lessee for any breach of the Agreement of lease. This common law right of the landlord recognised by the Transfer of Property Act, was fettered by the Rent Control Acts paused after the Second World War. Delhi Rent Control Act and its predecessor Acts follow this direction. These enactments imposed restrictions or control in matters of rent to be charged from the tenants and their evictions. We are immediately concerned with the question of eviction in this petition. The new protection given to a tenant in regard to eviction is recognised in Section 14 (1) of the Act. This sub-section supersedes the provisions of the Transfer of Property Act and the lease agreements between lan
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