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1977 Supreme(Del) 22

B.C.MISRA
KALYAN SINGH – Appellant
Versus
J. P. GUPTA – Respondent


Advocates Appeared:
BHARAT INDER SINGH

B. C. Misra

( 1 ) THIS revision has been filed u/s 25b (8) by the tenant against the order of controller dated 1-5-76 by which he has refused leave to contest and has passed order for eviction against petitioner on the ground mentioned in clause (e) of the proviso to sub-section 14 of the Act.

( 2 ) THE material facts of the case are that the respondent landlord instituted a petition for eviction on llth December, 1975 for eviction on the ground of non-payment of rent and bonafide personal necessity being respectively mentioned in clauses (a) and (e) of the relevant proviso Notice of the application was issued to the petitioner before me in the ordinary way and not according to the summary procedure. When the petitioner tenant appeared before the Controller, the respondent landlord gave up the ground mentioned in clause (a) and elected to prosecute the ground mentioned in clanse (e) only. The petition was therefore tried in a summary manner. In the application for leave, which is supported by an affidavit, the petitioner tenant urged a number of grounds and stated facts contesting the petition. They were replied to by the respondent. The Controller below has repelled the contentions




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