T. V. R. TATACHARI, J.

( 1 ) THIS Letters Patent Appeal has been filed by Shri Krishan and Dr. Hans Raj Dawar against the judgment of a learned single Judge of this Court, S. Rangarajan J. , dated March 31, 1971, whereby the learned Judge dismissed Civil Writ Petition No. 1116 of 1970 filed by them.

( 2 ) THE respondents in this Letters Patent Appeal, who were also the respondents in the Writ Petition, are (1) Shri Mahabir Singh, Financial Commissioner, Delhi Administration, Delhi, (2) Competent Authority under the Slum Areas (Improvement and clearance) Act, 1955, and (3) Shri Shyam Kishore.

( 3 ) THE appellants filed the aforesaid Writ Petition alleging that appellant 2 was the tenant in respect of the first and second floors of premises No. 3530, Darya Ganj, Delhi, that the tenancy was created in July or August 1939, that appellant I was a lawful sub-tenant of the said two floors since the year 1939, the year of the alleged inception of the tenancy, and that appellant 2 had not been living in the said two floors since the year 1942-43. On March 14, 1961, the landlord (respondent 3) filed a petition No. 351 of 1961 before the 1st Additional Controller stating, inter alia, that app

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