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1 - 5 of 5 (0.20 seconds)M/S Bharat Sales Ltd vs Life Insurance Corporation Of India on 5 February, 1998
In the case of Bharat Sales Vs. LIC of India as reported in
1998 RLR (SC) 192, the Hon'ble Supreme Court was pleased to
hold:
Section 38 in The Delhi Rent Control Act, 1958 [Entire Act]
Rup Chand vs Shanti Devi on 2 April, 1987
10. At the outset I may observe that Ld. Counsel for the
appellant has assailed the Judgment only on the point of subletting
and has not pressed his appeal on other grounds. Relying upon
Judgments of Hon'ble Supreme Court in case Bharat Sales Ltd.
Vs. LIC of India reported in 1998 RLR (SC) 192 and the
judgments of Delhi High court in the case of Gill & Company Ltd.
and another Vs. Smt. B.K. Jolly reported in 1986 (2) All India
Rent Control Journal 579 and in case of Rup Chand Vs. Ms.
Shanti Devi reported in 1987 (2) AIR 305, it has been submitted
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M/s A.B. Lal & Sons Vs. M/s Texind Corporation P. Ltd.
that these Judgments clearly support the plea of the appellant
when third parties are admitted in possession of the suit property.
Onus to justify the presence shifts upon tenant yet the trial court
has just ignored these Judgments and thus committed an error in
Law for the simple reason that there is no evidence has been led
on behalf of the respondents to prove that respondent no. 2 is
associate company of the first respondent or that the third
respondent still continues to be am employee of the first
respondent. On the other hand, Ld. Counsel for the respondent
who also filed an application subsequent to the hearing of
arguments submitted that the present appeal was mis-conceived
as no question of law has been framed in this appeal.
Jagan Nath (Deceased) Through L.Rs vs Chander Bhan And Others on 11 May, 1988
21. The Judgment delivered in the case of Jagan Nath Vs.
Chander Bhan on which reliance has been placed by the trial
court in dismissing the eviction petition are not at all applicable to
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M/s A.B. Lal & Sons Vs. M/s Texind Corporation P. Ltd.
the facts in dispute. Hence, I set aside the Judgment of the trial
court and pass and an eviction order in favour of the appellant u/s
14 (1)(b) of the Delhi Rent Control Act in respect of suit property
bearing no. First floor, 6, Doctors Lane, Gole Market, New Delhi-01
as shown red in the site plan with no order as to the cost. Copy of
the order be sent to the trial court along with trial court record.
Appeal file be consigned to the record-room.
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