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1980 Supreme(Del) 113

AVADH BEHARI ROHATGI
KASHMERE GATE CHARITABLE TRUST – Appellant
Versus
M. G. SHAHNI AND COMPANY – Respondent


Advocates Appeared:
A.B.DAYAL, M.L.Lonial, RAMESH CHAND GOSWAMI, Rameshwar Dayal

Avadh Behari Rohtagi

( 1 ) IN this appeal two powerful litigants are locked in battle. One is a trust and the other a company. The appellant landlord is Kashmere Gate Charitable Trust. Shri K. S. Bhatnagar is one of the trustees of the trust and its secretary. The constesting respondent on the other other side is M/s. M. G Shahni and Co. (P) Limited. They have a large number of godowns at different places at Delhi and the disputed premises are one such godown (No. 1350) The battle is over the. possession of this godown in a building purchased by the trust some time in 1967- in Kashmere Gate, Delhi. Admittedly the company is a subtenant of the godown.

( 2 ) ON, 8. 6. 1972 the landlord, Kashmere Gate Charitable Trust, filed an application for ejectment against the tenant, Shri Man-other Lal Vacher, an advocate of Delhi, A number of grounds of ejectment were taken They were all abandoned except one under s 22 of the Delhi Rent Control Act, 1958 (the Act ). Ejectment of the tenant was sought on the ground that the trust is a "public institution" and the premise are required for the "furtherance of its activities ". On 6. 6. 73, rent controller ordered the ejectment of the tenant. He fou













































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