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1978 Supreme(Del) 11

PRITHVI RAJ, T.V.R.TATACHARI
LAL CHAND – Appellant
Versus
GOPI KISHAN AND SEVEN OTHERS – Respondent


Advocates Appeared:
M.M.BAJAJ, Prem Chand, S.L.Bhatia, S.M.Malik, S.N.Mishra

T. V. R. TATACHARI

( 1 ) THIS Second Appeal against Order has come up before us on a reference by B. C. Misra J. The said second appeal has been filed under Section 39 of the Delhi Rent Control Act No. 59 of 1958 (hereinafter referred to as the Rent Control Act) by Lal Chand (landlord) against the appellate order of Mr. M. L. Jain, Rent Control Tribunal, dated 15th May, 1969, in Rent Control Appeal No. 237 of 1967, whereby he dismissed the appeal and affirmed the order of Mr. P. K. Bahri, 1st Additional Controller, dated 10th January, 1967, in Suit No. 950 of 1962, dismissing a petition for eviction filed by Lal Chand against the respondents herein on the ground of unlawful subletting.

( 2 ) THE premises in question bears No. 73, Moti Bazar, Chandni Chowk, Delhi, and belongs to Lal Chand. It was let out by Lal Chand to Gopi Krishan Nath Mal, respondent 1 herein, sometime in 1934. According to the concurrent findings of the first Additional Controller and the Rent Control Tribunal, sometime before 9th June, 1952, respondent 1 sublet various portions of the premises to respondents Nos. 2, 3, 4 and 5. Again, sometime before the aforesaid date, respondent 3 sublet a portion of the premi























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