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1980 Supreme(Del) 320

SULTAN SINGH
J. B. KANSAL – Appellant
Versus
WARYAM SINGH – Respondent


Advocates Appeared:
HARI SHANKER, S.L.Bhatia

Sultan Singh

( 1 ) THIS is a revision petition by the tenant under Section 25b (8) of the Delhi Rent Control Act (hereinafter called the Act ) challenging the order dated 28th January, 1978 passed by the Additional Controller. By the impugned order the Controller dismissed the application for leave to contest and passed the eviction order under Section 14 (1 ) (e) of the Act. The respondent, Waryam Singh, filed a petition for eviction of the Petitioner, J. B. Kansal, under Section 14 (1 ) (e) read with Section 25b of the Act. The summons as prescribed by the Third Schedule of the Act was served upon the tenant on 14th March, 1977. He made an application for leave to contest supported by an affidavit on 21st March, 1977. This affidavit contains the verification in the following form :

"verification: Verified at Delhi this 21st day of March, 1977 that the contents of the above affidavit are true to my knowledge and correct to my belief". At the time of arguments before the Additional Controller, an objection was raised that the verification in the affidavit was not in accordance with law and as such it should be rejected. The petitioner-tenant on 7th November, 1977 filed an applicatio








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