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1979 Supreme(Del) 216

HARISH CHANDRA, RAJINDAR SACHAR
GURDITTA MAL – Appellant
Versus
BAL SARUP – Respondent


Advocates Appeared:
A.C.Mittal, G.N.AGGARWAL, MAEHSVAR DAYAL

SACHAR, J.

( 1 ) THE question of law that has been referred to the larger bench is whether any time limit is laid down for a tenant to apply for leave to contest the application for eviction filed against him under Chapter III A of the Delhi Rent Control Act (hereinafter to be called the Act ).

( 2 ) THE case of the petitioner/tenant is that there is no time limit laid down by the Act within which the tenant is compelled to file an application for leave to contest. The case of the landlord/respondent on the other side is that the time within which an application for leave to contest has to be filed by the tenant is 15 days from the service of the summons on the tenant of an application for eviction filed against him under Section 25b of the Act.

( 3 ) CLAUSE (e) of the proviso to sub-section (1) of Section 14 of the Act provides for a landlord to obtain an order for the recovery of possession from a tenant on the ground of bonafide need. By Parliament Act 18 of 1976 Section 14a was added by which right to recover immediate possession of premises belonging to him was given to a person in occupation of residential premises allotted to him. by the Central Government. Chapter III A was










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