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1959 Supreme(P&H) 82

BISHAN NARAIN
Krishna Aggarwal – Appellant
Versus
Satya Dev – Respondent


Judgment

Bishan Narain, J.

1. The premises known as 2 Todar Mal Lane, New Delhi, belonged at One time to Lakhmi Chand. He let the same to Sri Krishan Aggarwal for purposes of residence on a monthly rent of Rs. 38/3/-. Lakhmi Chand gifted the promises to his son Satya Dev on 19th June, 1956, The donee filed the present suit for eviction of the tenant on 27th August, 1956 on the ground that he required the premises bona fide for his residence and that he had no other suitable place for this purpose. The tenant inter alia pleaded (i) that there was no relationship of landlord and tenant between the parties and (2) that the plaintiff did not bona fide require the premises for his residence.

The trial court rejected both these defences but made the ejectment decree conditional on the filing of an affidavit that the plaintiffs marriage would take place within the next three months. The tenant appealed against the ejectment decree while the landlord filed cross-objections, to get the condition sot aside. The Additional Senior Sub-Judge Delhi dismissed the tenants appeal and accepted the cross-objections. The tenant has filed this revision petition under Section 35 of the Rent Control Act 1
























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