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1978 Supreme(Del) 89

AVADH BEHARI ROHATGI
BHAGWATI PERSHAD – Appellant
Versus
OM PERKASH – Respondent


Advocates Appeared:
Harnam Das, SULTAN SINGH

Avadh Behari

( 1 ) THIS is a petition for revision under the proviso to S. 25b (8) of the Delhi Rent Control Act (the Act ).

( 2 ) OM Prakash and Mohinder Kumar Bansal claiming to be the owners and landlords brought a petition for eviction of their tenant Bhagwati Pershad from the ground floor of premises No. 1627 Madrassa Road Kashmere Gate, Delhi. The eviction of the tenant was sought on the ground of bona fide requirement of the premises for themselves and the members of the family dependant on them u/s 14 (1) (e) of the Act.

( 3 ) THE tenant made an affidavit for leave to contest the eviction petition under s. 25 B (4) of the Act He raised a number of defences, The Additional Rent Controller by his order dated 6th January, 1978 gave leave to the tenant to contest the eviction petition only on the ground of bona fide requirement and about the sufficiency of the accommodation with the landlords. On other points raised by the tenant he declined him leave. The tenant has filed this revision. His counsel contends that leave ought to have - been granted to the tenant on all points raised by him.

( 4 ) COUNSEL for the tenant has submitted that in the affidavit the tenant has raised thr









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