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1965 Supreme(Del) 3

S.K.KAPUR
NIADAR MAL – Appellant
Versus
UGAR SAIN JAIN – Respondent


Advocates Appeared:
A.L.Patney, D.K.KAPUR

S. K. Kapur, J.

( 1 ) THIS civil revision undersection 35 of the Delhi and Ajmer Rent Control Act, 1952, is directedagainst the judgment of Senior Subordinate Judge dated 26/09/1960.

( 2 ) THE premises in question is situate in Deputy Ganj, Sadar Bazar,delhi. The petitioner Niadar Mal is the landlord of the said premises andrespondents Uggar Sain and Padam Sain who are father and son respectively are the joint tenants with respect to a part of the aforesaid premises. The petitioner landlord filed a suit for ejectment against the respondenttenants mainly on three grounds- (1) that the conduct of the tenants is such that it is a nuisance tothe other occupiers of the same premises and they are therefore liable to beevicted under section 13 (1) (j) of the said Act ; (2) that the tenants have acquired other premises and the plaintiffis therefore entitled to a decree for ejectment under section 13 (l) (h) ofthe said Act ; and (3) that the defendants have been causing substantial damage tothe property. Before me, however, only the first two grounds have been pressed bymr. D. K. Kapur, the learned counsel for the petitioner. There was aprevious litigation between the parties and it is nece









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