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2010 Supreme(Del) 1148

REVA KHETRAPAL
Capt. Praveen Davar (Retd. ) – Appellant
Versus
Harvansh Kumari – Respondent


Advocates Appeared:
Mr. A.K. Singla, Sr. Advocate with Mr. Pankaj Gupta and Mr. J.K. Sharma, Advocates for the Appellants.
Mr. Ravinder Nath, Mr. P.K. Jain, Mr. Rajesh Roshan, and Mr. D.N. Jha, Advocates for the Respondents.

Reva Khetrapal, J.

1. This appeal seeks to assail the decree for possession dated 11th January, 2005 in respect of premises bearing No. B-32, Connaught Place, New Delhi-110 001 in favour of the respondents and against the appellants.

2. The case of the respondents, who were the plaintiffs in the suit filed by them in the trial court being Suit No. 217/1995, was that they were the owners/landlords of the aforesaid residential premises, where Dr. M.C.Dawar was a tenant at a monthly rent of `58.63 exclusive of other charges. The tenancy of Dr. M.C.Dawar was duly terminated by a legal notice dated 07.06.1974, to which a reply dated 12.07.1974 was sent by Dr. M.C.Dawar. Dr. M.C.Dawar died on or about 08.11.1977 as a statutory tenant in view of the fact that his tenancy had already been terminated during his lifetime.

3. After his demise, his widow Smt. Leelawati Dawar became the statutory tenant to the exclusion of all other legal heirs of late Dr. M.C.Dawar in accordance with Section 2 (1) (iii) of the Delhi Rent Control Act, 1958 (as amended by Act 18 of 1976 w.e.f. 01.12.1975). Smt. Leelawati Dawar allegedly did not pay the rent and damaged the tenanted premises which resulted in servic

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