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1968 Supreme(Del) 164

I.D.DUA, S.K.KAPUR
ROOP NARAIN GOELA – Appellant
Versus
KRISHNA DEVI BAGADIA – Respondent


S. K. Kapur, J.

( 1 ) KRISHNA Devi Bagadia, the. landlord of the House in question, filed a petition for eviction against the appellants. Eviction was claimed under section 14 (l) (b) and (h) of the Delhi Rent Control Act, 1958, and by order dated February 22, 1968, the Additional Rent Controller, Delhi, allowed the petition on the grounds that tenant Roop Narain Goela had sublet, assigned or otherwise parted with the possession of the premises in dispute in favour of Mangey Ram and Parkash Chand, appellants No. 2 and 3 respectively, without the written consent of the landlord and that tenant Roop Narain Goela had built, a residential house in Greater Kailash, New Delhi. The appellants filed an appeal before the Rent Control Tribunal, Delhi, which was dismissed on March II, 1968, in limine. From the order of the Tribunal it appears that the only question raised by the appellants was about the necessity of a notice under section 106 of the Transfer of Property Act terminating the tenancy before taking proceedings for eviction under the Delhi Rent Control Act, 1958. The appellants have filed the present second appeal in this Court against the order of the Rent Control Tribunal dated













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