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2007 Supreme(Del) 1119

SANJAY KISHAN KAUL
NISHI SHARMA – Appellant
Versus
SUBHASH CHANDRA MEHRA – Respondent


Advocates Appeared:
RAJESH YADAV, SHAHRUN SHAH, Shahzad Khan


SANJAY KISHAN KAUL, J.

( 1 ) THE respondent/landlord filed eviction proceedings against the petitioner under the provisions of Section 14 (1) (e) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the said Act) seeking eviction of the petitioner/tenant on grounds of bona fide requirement of the premises for residential use of himself and his family. The petitioner filed an application for leave to contest the eviction proceedings and leave was granted by the order dated 22. 11. 2000. Para-8 of the said order sets out that the basis for the grant of leave was that the claim of the petitioner that the respondent was possessed of an alternative accommodation was disputed by stating that the property in question belong to his mother. Since the status of that property was not clear, leave was so granted. The parties led their evidence and thereafter in terms of order dated 7. 8. 2002 the eviction petition was allowed in respect of the tenanted premises consisting of the entire floor situated at E- 31, Jangpura Extension, New Delh. The petitioner was granted six months time to vacate the premises.

( 2 ) A reading of the said order shows that the question of alternative pro



























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