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1970 Supreme(Del) 152

P.S.SAFEER
VED PRAKASH – Appellant
Versus
CHUNI LAL – Respondent


Advocates Appeared:
M.M.Rao, M.N.MADAN

P. S. Safeer,j.

( 1 ) THIS appeal turns on an interpretation of clause (h) of the proviso to sub-section (1) of section 14 of Act 59 of 1958 (hereinafter called "the Act" ). Sub-section (1) of section 14 of the Act with the proviso and the relevant clause is :-

"14. Protection of tenant against eviction :- (1) Notwithstanding anything to the contrary contained in any other law or contract to order or decree for the recovery of possession of any premises shall be made by any court or Controller in favour of the landlord against a tenant : Provided that the Controller may, on an application made to him in the prescribed manner, make an order for the recovery of the premises on one or more of the following grounds only, namely :- ***** (h) that the tenant has, whether before or after the commencement of the Act, built, acquired vacant possession of, or been alloted, a residence "

( 2 ) THE elementary principle of statutory interpretation is that the words employed should be given their plain meaning. The statute is to be construed as to be judiciously meaningful in its own context. Subsection (1) of section 14 starts with the prohibition that DO order or decree for recovery of possessio

















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