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1972 Supreme(Del) 220

S.N.ANDLEY, T.P.S.CHAWLA
SUBHASH CHANDER – Appellant
Versus
REHMAT ULLAH – Respondent


Advocates Appeared:
G.N.AGGARWAL, I.S.MATHUR, R.C.Beri, S.L.VATEL

T. P. S. CHAWLA

( 1 ) IN these two appeals (S. A. OS. Nos. 150 and 151 of 1971) certain questions have arisen under the Delhi Rent Control Act 1958 which Mr. Justice V. S. Deshpande has REFERRED TO for consideration by a larger Bench. They are abstract questions of law and undoubtedly of general importance. Although there is nothing special or unusual in the facts which might affect the result, we will state them so far as they are relevant to provide a backdrop for the discussion.

( 2 ) ON 9th August 1967, the appellant Subhash Chander (the landlord) commenced proceedings under the Delhi Rent Control Act 1958 for evicting the respondent Rehmatullah Khan (the tenant) from premises located in Pataudi House, Darya Ganj, Delhi. Twice, personal service was sought to be effected on the respondent. On both occasions the process server reported that he found the premises locked and was unable to trace the respondent. So, on 17th October 1967 the Additional Rent Controller, before whom the proceedings were pending, ordered substituted service on the respondent by publication in the newspaper chitra" for 20th November 1967. The notice was duly published. On 20th November 1967, no one appear



















































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