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1977 Supreme(Del) 26

H.L.ANAND
BEJOLI ROY CHOWDHRY – Appellant
Versus
AMAR KUMAR – Respondent


Advocates Appeared:
C.L.CHAUDHRY, D.D.Chawla, K.P.KAPUR, M.S.SAWHNEY

H. L. ANAND, J.

( 1 ) THE petitioner, a tenant, assails an order of the second Additional Rent Controller, Delhi declining permission, to contest the application of the owner/respondents for eviction on the ground that the premises was bona fide required by the owners for their residence in view of the alleged insufficiency of accommodation available to them for the purpose.

( 2 ) THE property in dispute is jointly owned by the three respondents and consists of a unit on the ground floor and on the first floor. Two of the joint owners respondents Nos. 1 and 2, reside in the first floor of the property in dispute, while the petitioner has been in occupation of the ground floor. The other joint owner, respondent No. 3, allegedly stays in a rented accommodation in Punjabi Bagh. The late husband of the petitioner was the original tenant, who, on his death, was survived by the petitioner, his widow, and a son, who has not been impleaded in the proceedings. Leave under sub-section (5) of Section 25b of the Delhi Rent Control Act, 1958 (for short, the Act) was sought by the petitioner on a number of grounds, all of which were dispelled by the Second Additional Rent Controller, who has co











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