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2022 Supreme(SC) 308

SANJAY KISHAN KAUL, M. M. SUNDRESH
Abid-Ul-Islam – Appellant
Versus
Inder Sain Dua – Respondent


Advocates appeared:
For the Appellant(s) :Amit Andlay, P.S. Sudheer, Rishi Maheshwari, Anne Mathew, Bharat Sood, Shruti Jose, Advocates
For the Respondent(s):Respondent-in-person

JUDGMENT :

M. M. Sundresh, J.

1. Focus in this appeal is on the exercise of the revisional power by the High Court of Delhi in its invocation of proviso to Section 25B(8) of the Delhi Rent Control Act, 1958 (for short “the Act”).

2. Heard Mr. Amit Andley, learned counsel for the appellant and the respondent, party-in-person. We have perused all the documents filed along with written arguments.

BRIEF FACTS :

3. Shri Haji Badrul Islam (since deceased) was the original owner of the two shops leased out to the respondent orally way back in the year 1970. The lease continued for decades. After the demise of the original landlord, his son Shri Sajid-Ul-Islam became the owner both by inheritance and by virtue of an award dated 11.03.1980. He too expired on 21.11.1986 and the appellant, who claims through the award and inheritance by operation of law, filed the eviction petition under Section 14(1)(e) read with Section 25B of the Act in the year 2014.

4. The respondent filed an application seeking leave to defend, inter alia, raising three primary contentions, namely, (i) the appellant is not having title over the property; (ii) the property actually belongs to the Government of India under the

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