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1991 Supreme(SC) 79

K.JAGANNATHA SHETTY, L.M.SHARMA, P.B.SAWANT
Surjit Singh Kalra: Mahendra Raj – Appellant
Versus
Union Of India: Union Of India And Colonel Ashokapuri – Respondent


JUDGMENT

K. JAGANNATHA SHETTY, J.- Leave granted. These appeals from the decision of the Delhi High Court raise the question with regard to landlords right to evict the tenant under Section 14-B of the Delhi Rent Control Act, 1958 (the Act) and the corresponding right of the tenant to resist the eviction proceedings. Section 14-B is a special provision made by the legislature conferring certain rights to persons belonging to Armed Forces to recover from their tenants immediate possession of the premises for their occupation.

2. Mahendra Raj, the common petitioner in S.L.P. Nos. 7146 and 11425 of 1990, is a tenant occupying the premises of the respondent Col. Ashok Puri. The petitioner in S.L.P. No. 7364 is also a tenant, but occupying the premises belonging to the respondent Brig. V.N. Channa. In the action for eviction brought by the respondents on the ground that they need the premises for their occupation, the tenants sought leave to contest the application. But the Rent Controller was not satisfied with the facts disclosed by the tenants in their affidavits and therefore, denied leave to contest the application for eviction. He considered the affidavits of the parties and accept





















































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