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1 - 10 of 14 (2.76 seconds)The Delhi Rent Control Act, 1958
M/S. India Umbrella Manufacturing Co. & ... vs Bhagabandei Agarwalla (Dead) By ... on 5 January, 2004
13. Having drawn my attention on the contents of the application
for eviction of tenant, written statement filed on behalf of respondent Mr.
Om Prakash, testimony of AW1 Mr. Pran Nath Chopra, documents Ex. A/1
to Ex. A/4, Ex. DW1/1 to Ex. DW1/4, Ex. RW2/1, Ex. RW2/2 and the law
laid down in N. K. Rustagi v. K. S. Gupta and others, 1993 (2) RCR 142, S.
Jagir Singh v. S. Vasava Singh, 48 (1992) DLT 113, Budh Ram and others
v. Bansi and others, V (2010) SLT 723, Shankara Coop Housing Society
Ltd. v. M. Prabhakar and others, IV (2011) SLT 565, M/s India Umbrella
Manufacturing Company and others v. Bhagabandei Agarwalla (dead) by
LRs Smt. Savitri Agarwalla, 2004 (1) RCR 154, Mohinder Prasad Jain v.
Manohar Lal Jain, 2006 (1) RCR 250, Pal Singh v. Sunder Singh by legal
representatives and others, 1989 (2) RCR 331, Sri Ram Pasricha v. Jagan
Nath and others, 1976 RCR 832, J. Kumaradasan Nair and another v. Iric
Sohan and others, II (2009) SLT 196 and Asfaq Qureshi v. Aysha Qureshi,
2011 (2) RCR (civil) 478 it is submitted by counsel for the applicant that
from the evidence led by the parties grounds for eviction against the
respondent and his legal representatives have been proved and therefore,
eviction order be passed. It is further submitted by counsel for the applicant
that although in the caption of the application it has not been mentioned by
the applicant that the possession has also been sought on the ground
E. No. 07/09 Page no. 8 of 22
prescribed in clause (h) of proviso to subsection (1) of section 14 of Act 59
of 1958 but in paragraph no.18 (a) (i) of the application for eviction it has
been mentioned that the respondent had acquired vacant possession of a
premises and therefore ignoring the fact that the ground mentioned in clause
J.Kumaradasan Nair & Anr vs Iric Sohan & Ors on 12 February, 2009
25. An application for eviction cannot be equated with an
application for condonation of delay [vide J. Kumaradasan Nair's case
(supra)] or a suit wherein while seeking declaration of legal character a
party also mentioned the provisions of the Hindu Marriage Act, 1955 [ vide
E. No. 07/09 Page no. 15 of 22
Asfaq Qureshi's case (supra)].
Asfaq Qureshi vs Aysha Qureshi on 19 March, 2010
25. An application for eviction cannot be equated with an
application for condonation of delay [vide J. Kumaradasan Nair's case
(supra)] or a suit wherein while seeking declaration of legal character a
party also mentioned the provisions of the Hindu Marriage Act, 1955 [ vide
E. No. 07/09 Page no. 15 of 22
Asfaq Qureshi's case (supra)].
Ganpat Ram Sharma & Ors vs Smt. Gayatri Devi on 17 July, 1987
31. As per the record of the present case the present application
for eviction was made on 05.6.2003 after expiry of 12 year limitation period
held to be applicable by the Hon'ble Supreme Court in Ganpat Ram
Sharma's case (supra). The applicant, under competent legal advice, must
have been aware about the fact that his application for eviction on the
ground mentioned in clause (h) of proviso to subsection (1) of section 14 of
Act 59 of 1958 was time barred at the time of the making of present
application for eviction. In this overall scenario the contention of the
E. No. 07/09 Page no. 17 of 22
applicant that an eviction order be passed on the ground prescribed in clause