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2007 Supreme(Del) 82

SANJAY KISHAN KAUL
CHUNNI LAL – Appellant
Versus
VIDYA DEVI – Respondent


Advocates Appeared:
RAJIV BAHL, VIJAY KISHAN, VIKRAM JAITLEY


SANJAY KISHAN KAUL, J.

( 1 ) THE respondents filed an eviction petition against the appellants as far back as in the year 1983 in respect of premises bearing No. E-46/2, Hauz Khas, New delhi on the grounds under Section 14 (1) (a), (b) and (l) of the Delhi Rent control Act, 1958 (hereinafter referred to as the said Act ). The respondents alleged that appellant No. 1 herein was a tenant in the shop, which had been sub-let, assigned or otherwise parted with possession to appellant No. 2 without the consent of the respondents/landlord. Appellant No. 1 was alleged to be in arrears of rent, which had not been cleared despite the notice of demand and it was further claimed that the premises were required for rebuilding purposes.

( 2 ) THE appellants filed a common written statement pleading that one Mr. Bhoj Raj was the landlord, who had since passed away and after his demise his wife and children had succeeded to the property. The respondents were alleged to have no concern with the premises. The receipt of any notice for demand of rent was denied. The appellants are real brothers and it was claimed that appellant No. 1 was running the business of dry-cleaning in the premises in pursu







































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