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DELHI HIGH COURT
D.K.KAPUR
J.D. Jain – Appellant
Versus
Saraswati Devi – Respondent
JUDGMENT
D.K. Kapur, J. (Oral)--This revision petition under Section 25B(8) of the Delhi Rent Control Act, 1958, involves some questions which can be described as fine questions of law, although the learned counsel for the respondent contends that these are only questions of fact. In view of the order I propose to pass in deciding this revision. I propose to say as little as possible on the facts, but still it is necessary to set out the circumstances of the case to indicate the questions of law involved in this case have arisen.
2. The respondent in this Court Smt. Saraswati Devi is the wife of Shri Shiv Nath Rai Mahna, Advocate. She is also the mother of Shri Yashpal Mahna and Shri Rajesh Mahna, who are both advocates. She was formerly living at Palwal where her husband was practising as a lawyer, he retired on account of old age and ill health; sold his house and decided to move to Delhi. At Delhi, the landlady owns a house situated at F-77, Green Park, New Delhi. That house has ground floor, first floor and a barsati floor. The two flats situated at the ground floor and at the first floor are of identical size. The barsati floor consists of one large room measuring 23' X 13'.
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