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1973 Supreme(Del) 222

B.C.MISRA
SHALIMAR TAR PRODUCTS INDIA LIMITED – Appellant
Versus
H. C. SHARMA – Respondent


Advocates Appeared:
H.D.TRIYOGI, K.K.BHATIA

B. C. MISRA, J.

( 1 ) THIS second appeal has been filed under setion 39 of the Delhi Rent Control Act of 1958 (hereinafter REFERRED TO to as the Act) by the tenant company against the appellate order of the Rent Control Tribunal dated 7th October, 1972, by which he has affirmed the order of the Additional Controller dated 7th September, 1970, finally maintaining the order of eviction of the appellant on the ground of unlawful sub-letting mentioned in clause (b) of the proviso to sub-section I of Section 14 of the Act.

( 2 ) THE material facts of the case briefly stated arc that the appellant was inducted in the property in dispute which is situated at Connaught Place, New Delhi, as a tenant w. e. f. 1st February 1956 on a rent of Rs. 727. 25 p. m. for a period of five years under a lease deed which was neither stamped nor registered. However, on the expiry of five years the lease was extended for another period of five years expiring on 31st of January, 1965 by exchange of letters. It appears that the respondent-landlords did not serve, a notice to quit but on 31st January 1967 they instituted a petition for eviction against the appellant on the grounds of unlawful sub-letting to R














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