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1979 Supreme(Del) 92

M.L.JAIN
SHIL UTPAL – Appellant
Versus
HARI CHAND – Respondent


Advocates Appeared:
G.L.Seth, P.S.MAHENDRA

M. L. Jain J.

( 1 ) TENANT Brij Mohan died on April 7, 1972? leaving behind the respondents, namely? his widow Sheel Utpal, and four sons, who succeeded to the tenancy rights. An eviction petition was filed on April 4, 1974, against them by their landlord Hari Chand under clauses (e) and (h) of sub-sec. (1) of sec. 14 of the Delhi Rent Control Act, 1958, (hereinafter the Act ). It was alleged that the tenancy commenced on the 1st day of each calendar month and was terminated by a notice dated March 13, 1974. Brij Mohan was allotted after commencement of the Act a residential flat in Janakpuri by the Delhi Development Authority of which the respondents got a vacant possession in 1972. The petitioner also required the disputed premises for his own use and occupation and for the use and occupation of the members of his family dependent upon him. The petitioner was living on the Barsati with seven members who have by now grown up. He, therefore, was is need of the first floor accommodation and did not own any other residential accommodation. The tenants contend that the Janakpuri flat had been alloted only to one of the respondents, namely, Mrs. Sheel Utpal, after the death of her husb










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