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1979 Supreme(Del) 133

RAJINDAR SACHAR
GANESH FLOUR MILLS – Appellant
Versus
RAMESH CHAND – Respondent


Advocates Appeared:
G.A.Aggarwal, P.C.Khanna

Rajinder Sachar, J.

( 1 ) THESE are two appeals which would be disposed of by the same order as they arise out of a common order of Rent Control Tribunal. The appellant Company is a tenant of two partitions on the first floor of suit property. The respondent brought two applications for eviction on the ground of personal bonafide need. The Rent Controller allowed the eviction petition. In appeal the points urged before the Rent Control Tribunal was about the bonafide need and on the ground that the respondent was not the owner of the property in dispute. The Tribunal found that a partition has taken place in the family, with the result that the property in dispute had fallen to the share of the respondent. He also found that the respondent who was a practising advocate had only three rooms available to him, which, keeping in view bis position and his family were not sufficient for his need. He, therefore, affirmed the order of the Rent Controller and dismissed the appeals of the tenants who have now come up to this court in second appeal.

( 2 ) MR. Khanna the learned counsel for the appellant had sought to challenge the partition decree by which the properly in dispute had fallen t




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