GYASI RAM Vs. HAZARI LAL

JUDGEMENT

(1.) This is a petition for revision under proviso to sub-section (8) of Section 25B of the Delhi Rent Control Act, 1958, as amended (hereinafter referred to as "the Act") against the order of Smt. Manju Goel, 4th Addl. Rent Controller, Delhi presumably passed on 18th April, 1977 whereby the learned Addl. Rent Controller dismissed the application of the petitioner for leave to defend the eviction petition and granted a decree for eviction of the petitioner under Clause (e) of proviso to Section 14(1) of the Act.

(2.) One of the points taken in the application for leave to defend the eviction petition by the petitioner was that the eviction petition under Clause (e) of the proviso to Section 14(1) of the Act has been instituted without obtaining prior permission of the Competent Authority under Section 19 of the Slum Areas (Improvement & Clearance) Act, 1956, as amended by Act 43 of 1964 (hereinafter called "the Slum Areas Act") and, therefore, the petition for eviction on the aforesaid ground was not maintainable.

(3.) The learned Addl. Rent Controller relying upon certain observations of the Supreme Court in the case reported as : Sarwan Singh and another, v. Kasturi Lal, 1977 AIR(SC) 265, 32895.xml took the view that since the provisions of Section 19 of the Slum Areas Act are inconsistent with Chapter IIIA of the Act and would not affect any proceedings under Chapter IIIA of the Act, no permission was necessary.