P.S.SAFEER, PRAKASH NARAIN
KAHAN CHAND MAKAN – Appellant
Versus
B S BHAMBRI – Respondent
( 1 ) THIS judgement will diapose of the reference made in S. A. O. No. 213 of 1969 as well as S. A. O. No. 231 of 1974.
( 2 ) S. A. O. No. 213 of 1969 was taken up by B. C. Misra, J. on 26th of March, 1975 and he made a reference in terms of the order passed on that date;. S. A-O- No. 231 of 1974 was also taken up by him on the same date and in accordance with the order he passed it was observed that a reference had been made in the earlier case and the appeals would be heard on merits after the reference has been answered.
( 3 ) WE need ;not notice the facts with which the two appeals are concerned, because we are to answer the reference only.
( 4 ) A careful perusal of the detailed order of reference made in S. A. O. No. 213 of 1969 leads to the conclusion that the learned Judge was faced with the question as to what would be the true interpretation of section 14 (2) of the Delhi Rent Control Act, 1958. The- concerned provisions may be noticed at once. Section 14 (2) in the Act is:-
"14. Protection of Tenants against eviction.- (1) * * * *
(2) No order for the recovery of possession of any premises shall be made on the ground specified in clause (a) of the provi
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