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1972 Supreme(Del) 124

D.K.KAPUR
JAI KISHAN BALKISHAN – Appellant
Versus
M. B. KAGAL – Respondent


Advocates Appeared:
KAILASH NARAIN TOPA, R.K.MAKHIJA, R.M.LAL

D. K. Kapur

( 1 ) THIS is a second appeal under Section 39 of the Delhi Rent Control Act 1958 at the instance of the tenant. The question involved in this appeal is, whether the landlady Dr. (Mrs.) Kagal was entitled to bring two ejectment petitions against the tenant. It appears from the facts that she instituted the first ejectment petition on 17th February, 1968 in which she claimed ejectment from a shop and a two-roomed flat situated on the ground and first floors, respectively, of 2, Sunder Nagar, Market, New Delhi. That petition was based on non-payment of rent, personal bona fide requirement, non-occupation of the flat for a period of six months, acquisition of vacant possession of an other residential premises contrary to the conditions imposed on the appellant by the Government while giving the lease. Clearly, this petition was based on a number of different grounds. On 2rd March, IS68, the second ejectment petition was filed, which was based solely on the ground of sub-letting the iesidential flat situated on the first floor and a part of the ground floor. The alleged sub-tenant, M/s Sweet Corner, Sunder Nagar Market, Delhi, was impleaded as respondent No. 2.

( 2 ) THE two









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