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1968 Supreme(Del) 63

HARDAYAL HARDY
MAM CHAJND – Appellant
Versus
SUMAT PRASAD – Respondent


Advocates Appeared:
A.K.JAIN, DEVAN CHAND

Hardayal Hardy, J.

( 1 ) THIS second appeal is directed against an order made by the Rent Control Tribunal, Delhi whereby the tenunl s appeal against the order of the Addl. Rent Controller, Delhi was dismissed.

( 2 ) THE facts leading to the appeal are that the respondent-landlord obtained an order for eviction of the tenant-appellant from certain premises on 23/2/1962. The property being situated in colum area the respondent applied to the Competent Authority appointed under the Slum Areas (Improvement and Clearance) Act, 1956 for permission to execute the order for possession. This application was granted by the Competent Authority on 15/10/1963. The relevant portion of the order reads as under:-

"i am inclined to pass a conditional order that the respondent shall pay the entire arrears amounting to Rs. 1883. 72 by 29/2/1964. In case of default the respondent shall be liable to eviction. No formal permission will be required. Permission as contemplated under section 19 of the Slum Areas (Improvement and Clearance) Act, 1956 shall be deemed to have been granted in case of default. "

( 3 ) THE appellant did not make any payment to the respondent and thus committed the default thereby
































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