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1962 Supreme(P&H) 57

D.FALSHAW
Hakim Sardar Bahadur – Appellant
Versus
Tej Parkash Singh – Respondent


Judgment

1. These two appeals have arisen in the following circumstances:

In November 1958, the appellant in both the cases Hakim Sardar Bahadur instituted a suit against his tenant Tej Parkash Singh for Rs. 812/- made up of Rs. 700/- on account of rent for the premises in suit from the 1st of September 1957, to the 31st of October 1958 and Rs. 112/- as electric charges for the same period. The tenancy and the rate of rent claimed were not disputed by the tenant, but he claimed that he was entitled to without whole of the rent from the landlord on the ground that the latter had unlawfully deprived him of possession of a portion of the leased premises.

2. On the facts found by it the trial Court held that the doctrine of suspension of rent was applicable in this case and the suit was decreed only to the extent of Rs. 109.91 nP. on account of electric charges. The findings of the trial Court on both facts and law were upheld in first appeal and the first of the two appeals is the landlords appeal in that suit. The second case arose when in February 1960, the landlord applied to the Controller under section 14 of the Delhi Rent Control Act of 1958 for the eviction of the tenant for non








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