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2019 Supreme(Del) 1856

PRATHIBA M.SINGH
V. K. Dhingra – Appellant
Versus
Shri Ram Scientific Industrial Research Foundation – Respondent


Advocates Appeared:
O.P. Saxena, Adv., B.K. Mishra, Adv., Rupesh Kumar, Adv.

JUDGMENT :

Prathiba M. Singh, J.

The present is a classic case of what is wrong in the prevalent tenancy laws. The Petitioner - Shri V.K. Dhingra was appointed as a Senior Analyst with Sri Ram Scientific Industrial Research Foundation (hereinafter "Foundation"). He was allotted residential accommodation by the Foundation, last of which was at Flat No. A-2, SRI Colony, 19, University Road, Delhi-110007. He was in the employment of the Foundation since 1981 and resigned on 16th July, 1992. He has retained the flat since the last 27 years without paying any rent and the Foundation has had to remain embroiled in this long-drawn litigation with him in order to be able to evict him from the residential accommodation, which is purely meant for staff of the Foundation.

2. An eviction petition under Section 14(1)(i) of the Delhi Rent Control Act, 1958 was filed by the Foundation on 25th February, 1993. Vide order dated 8th May, 2012, the eviction petition was dismissed on the ground that the relationship of landlord and tenant has not been established. The operative portion of the said order, which has been passed 21 years after the institution of the eviction petition, reads as under:

    "16. Aft

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