Supreme Court · 1980 INSC 73 · Decided 10 April 1980

Parasram Harnand Rao v. Shanti Prasad Narinder Kumar Jain & ANR.

Court
Supreme Court of India
Citation
1980 INSC 73 · [1980] 3 S.C.R. 444
Case number
CIVIL APPEAL No. 1085/1970
Decided
10 April 1980
Bench
S. MURTAZA FAZAL ALI, P.S. KAILASAM (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Rent Control Act Section 25

Headnote

Delhi Rent Control Act, Section 25 read with Order IX Rule 9 C. P. C., scope of-Whether the dismissal of the earlier suit of respondent-tenant for default of appearance under Ordex IX Rule 9 C. P. C. a bar for an application under section 25 of the Delhi Rent Control Act. C Transfer of tenancy did not come under the mischief of section 14(1) (b) of the D<lhi Rent Con- trol Act. The appellant landlord executed a .lease in respect of the disputed premises in favour of respondent 2 for three years as far back as 1-4-1942. In 1948, a suit was brought by the appellant for eviction of

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