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2008 Supreme(Del) 813

SHIV NARAYAN DHINGRA
K. S. Patcha – Appellant
Versus
Arun Sarna – Respondent


Advocates Appeared:
Mr. M.N.Krishnamani, Sr. Advocate with Mr. R.Venkatraman and Ms. Vaishnavi, Advs.
Mr. Mukul Sharma, Advocate

JUSTICE SHIV NARAYAN DHINGRA

1. By this petition under Article 227 of the Constitution of India, the petitioner/landlord has challenged the legality of order dated 20.7.2007 passed by the learned ARC in the eviction petition filed by the landlord under Section 14-C read with Section 25-B of the Delhi Rent Control Act.

.2. The relevant facts are that the petitioner/landlord/owner of flat no. 118 Civil Supplies Co operative Group Housing Society Plot No. 6, Sector -4, Dwarka, New Delhi inducted respondent as a tenant by a lease agreement dated 6.1.2001 for a period of 11 months at the monthly rent of Rs.3700/-. The petitioner at that time was employee of CPWD, Government of India and was working as an Assistant Engineer. He retired from the service on 31.1.2006. His family consisted of his wife, two sons and two daughters. While in the service, he was occupying the government accommodation and after his retirement he continued to occupy the government flat for some time. However, an eviction order was passed against him under Public Premises Act and he was also charged with penalties for overstaying. Before

.his retirement, he filed a Civil Suit no. 136/2004 for possession and recove









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