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2020 Supreme(Del) 1513

PRATHIBA M.SINGH
Surjeet Singh – Appellant
Versus
Manju Bala – Respondent


Advocates Appeared:
For the Appellant :Param Jeet Singh, Advocate
For the Respondents:Hitendra Kr. Nahata and Ritu Jain, Advocates

JUDGMENT :

Prathiba M. Singh, J.

1. An application for eviction under Section 14(1)(a) and (j) of the Delhi Rent Control Act, 1958 (hereinafter, "DRC Act") was filed by Ms. Manju Bala against Late Mr. Mathura Dass, now represented by his son Mr. Surjeet Singh, i.e., the Petitioner herein (hereinafter, "Tenant"). The said eviction petition related to property bearing Garage No. 91 (Shop), Gulabi Bagh, Delhi-110007 (hereinafter, "suit property").

2. In the said eviction petition, a decree was passed on 28th February, 2013, by the ld. Additional Rent Controller (hereinafter, "ARC"), the operative portion of which reads as under:

    "14. Now let me see as to whether petitioner has been able to prove ground of eviction u/s.14(1)(j) of DRC Act. Section 14(1)(j) of DRC Act provides eviction of tenant on the ground of causing or permitting to be caused substantial damage to the premises. PW-1 in her affidavit has deposed that respondent has raised one room unauthorizedly on terrace of shop against Bye-laws of MCD. It is deposed that the said unauthorized construction is dangerous for human lives as high tension wires of electricity passes through terrace of the shop. It is further deposed that r

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