I.D.DUA, SHAMSHER BAHADUR
Savitri Ahuja – Appellant
Versus
Harbans Singh Mehta – Respondent
SHAMSHER BAHADUR, J. :- This petition for revision raising the question of jurisdiction of the Civil Court to entertain a suit to challenge the order of eviction passed in pursuance of an agreement of the parties has been referred for decision by Gurdev Singh, J. to a larger Bench.
2. The facts which give rise to the petition are not in dispute and may briefly be narrated. The petitioner Shrimati Savitri Ahuja acquired plot described as 29-A in Friends Colony and a house was constructed on it in the year 1958 while she was in England. The building was leased to respondent Harbans Singh Mehta on a monthly rent of Rs. 800/-. The lease was for two years commencing from 1st of June, 1958. Col. Ahuja, the husband of the petitioner, having returned to India in 1960 on retirement from service, the petitioner applied for ejectment of the tenant under Section 14(1)(e) of the Delhi Kent Control Act, 1958 (hereinafter also called the Act) according to which the Controller may make an order for the recovery of the premises on the ground :
"that the premises let for residential purposes are required bona fide by the Landlord for occupation.... and that the landlord or such person has no
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