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Mehmooda Gulshan vs Javaid Hussain Mungloo on 17 February, 2017
Furthermore, as recently as in the case of 'Mehmooda
Gulshan' (supra) the Hon'ble Supreme Court re-affirmed the said
view by holding that merely because the landlord had not examined a
member of his family, who intended to do business on the premises, he
could not be non-suited on that ground if otherwise he had been able to
successfully establish his genuine need. Therefore, it is amply clear that
the Appellate Authority had acted in contravention to the aforesaid
settled principle of law.
Shakuntala Bai & Ors vs Narayan Das & Ors on 5 May, 2004
Harpal Singh Chahal
vs. Gopal Gupta' 2016(1) RCR (Rent) 131; 'Balwant Singh vs.
Sudershan Kumar' 2021 SCC Online SC 114; 'D.Sasi Kumar vs.
Soundararajan' (2019) 9 SCC 282; 'Mehmooda Gulshan vs. Javaid
Hussain Mangloo' (2017) 5 SCC 683; 'Shakuntala Bai vs. Narayan
Das' (2004)5 SCC 772; 'Siddalingamma vs. Mamtha Shenoy'
(2001) 8 SCC 561; 'Parbati Poddar vs. Brig.
Siddalingamma And Anr vs Mamtha Shenoy on 18 October, 2001
Harpal Singh Chahal
vs. Gopal Gupta' 2016(1) RCR (Rent) 131; 'Balwant Singh vs.
Sudershan Kumar' 2021 SCC Online SC 114; 'D.Sasi Kumar vs.
Soundararajan' (2019) 9 SCC 282; 'Mehmooda Gulshan vs. Javaid
Hussain Mangloo' (2017) 5 SCC 683; 'Shakuntala Bai vs. Narayan
Das' (2004)5 SCC 772; 'Siddalingamma vs. Mamtha Shenoy'
(2001) 8 SCC 561; 'Parbati Poddar vs. Brig.
Silvertoe Mfg. Co. Of India And Anr. vs Usha Soi on 22 August, 1994
Joginder Singh' Delhi
High Court DOD 09.08.2004; 'M/s Silvertoe Mfg vs. Smt. Usha Soi'
Delhi High Court; 'V.K. Kumaresan vs. P. Jayaseeian' Madras
High Court DOD 03.02.2021; 'Sweety vs. Rakesh Kumar' 2016
SCC Online P&H 4598; 'K.R. Chopra vs. Manjit Inder Kaur' 2003
SCC Online P&H 480; and 'Natha @ Jeewan vs. Ashok Kumar'
2016 SCC Online P&H 7721.
Ajita Sharma @ Sweety Alias Babi vs Rakesh Kumar Sharma on 13 February, 1998
Joginder Singh' Delhi
High Court DOD 09.08.2004; 'M/s Silvertoe Mfg vs. Smt. Usha Soi'
Delhi High Court; 'V.K. Kumaresan vs. P. Jayaseeian' Madras
High Court DOD 03.02.2021; 'Sweety vs. Rakesh Kumar' 2016
SCC Online P&H 4598; 'K.R. Chopra vs. Manjit Inder Kaur' 2003
SCC Online P&H 480; and 'Natha @ Jeewan vs. Ashok Kumar'
2016 SCC Online P&H 7721.
K.R. Chopra vs Smt. Manjit Inder Kaur on 7 April, 2003
Joginder Singh' Delhi
High Court DOD 09.08.2004; 'M/s Silvertoe Mfg vs. Smt. Usha Soi'
Delhi High Court; 'V.K. Kumaresan vs. P. Jayaseeian' Madras
High Court DOD 03.02.2021; 'Sweety vs. Rakesh Kumar' 2016
SCC Online P&H 4598; 'K.R. Chopra vs. Manjit Inder Kaur' 2003
SCC Online P&H 480; and 'Natha @ Jeewan vs. Ashok Kumar'
2016 SCC Online P&H 7721.
Vasu Dev Singh & Ors vs Union Of India & Ors on 7 November, 2006
Before proceeding further, it would be relevant to point out
that the present rent petition was instituted before the Rent Controller
on 27.10.1997, however, the same was dismissed as withdrawn on
03.12.2002 in view of the notification dated 07.11.2002 vide which the
Act was made inapplicable to UT, Chandigarh. The said notification
was later set aside by the Hon'ble Supreme Court vide order dated
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CR No.4928 of 2015 (O&M) 2
07.11.2006 passed in CA-4688-2006 titled as 'Vasu Dev vs. Union of
India'. On 11.12.2006 an application for restoration of the present rent
petition was moved by the petitioner, however, since the tenant was
allegedly evading service in the restoration application, a fresh petition
under Section 13 (second petition) of the Act was filed wherein it was
specified in para No.5 that if the respondent appears in the restoration
application, the second petition would be withdrawn, else the second
petition would be pursued. Subsequently on 28.08.2009, the respondent
put in an appearance in the restoration application of the first rent
petition and accordingly the same was restored to its original number
vide order dated 22.10.2009 and the second rent petition was dismissed
as withdrawn. Hence, this revision petition emanates from the first rent
petition filed by the petitioner/landlord.
Hindustan Petroleum Corpn. Ltd. vs Dilbahar Singh on 27 August, 2014
At the outset, it would be most relevant to discuss the scope
of revisional jurisdiction of this Court to interfere with the findings of
the courts below. Hon'ble the Supreme Court, in Hindustan
Petroleum Corp. Ltd.'s case (supra), has held that none of the Rent
Control Acts empowers the High Court to interfere with findings of
fact, unless such findings are perverse or result in gross miscarriage of
justice. It was thus held as under:-