MAN MOHAN LAL Vs. B.D. GUPTA

JUDGEMENT

(1.) THESE two petitions for revision (Nos. 376 -D of 1959 and 427 -D of 1957) under Section 35 of the Delhi and Ajmer Rent Control Act, 1952, involve identically the same point for decision and both will, therefore, be disposed of by this judgment.

(2.) IN the first case, i.e., No. 376 -D of 1959 the landlord of a premises in Delhi filed a suit on 14th July, 1946, for eviction of his tenant which was decreed on 12th June, 1958, in his favour. The only ground on the basis of which the tenant was ordered to be evicted was the one provided by Clause (k) of Section 13(1) of the Delhi and Ajmer Rent Control Act, 1952 (hereinafter called the old Act). This provision, in so far as it is relevant for the purpose of this case, is as under:

(3.) AT the hearing of the appeal the tenant contended that the case had to be determined by the provisions of the new Act as envisaged by the first proviso to Sub -section (2) of Section 57 of the said Act and that the provisions of Sub -section (11) of Section 14 had, therefore, to be complied with before his eviction could be ordered. The appellate Court did not agree with the said contention and dismissed the appeal. The tenant then filed this petition for revision in this Court.