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Smt. Ram Pyari and ors. Vs. Smt. Daya Rani and ors. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 4134 of 1982
Judge
Reported in1982(2)SCALE1381; (1983)2SCC2
ActsDelhi Rent Control Act - Sections 14(1)
AppellantSmt. Ram Pyari and ors.
RespondentSmt. Daya Rani and ors.
Excerpt:
.....be governed by misravazhi system of inheritance. the customary laws cannot be applied on the yardstick as adopted by the high court. - we accordingly allow this appeal, set aside the order of the rent controller as well as the order of the high court and grant leave to contest the petition for eviction......grant leave to contest the petition for eviction. we remit the matter back to the rent controller with a direction to decide it according to law and the hearing of the matter will be expedited. there will be no order as to.....
Judgment:
ORDER

1. Special leave is granted.

2. This is one of the usual cases in which leave to contest an application filed by the respondents for eviction under Section 14(1) proviso (e) of the Delhi Rent Control Act was refused by learned Rent Controller on the grounds which are wholly untenable. The case is fully covered by the ratio of the decision of this Court in Precision Steel Engineering Works and Another vs Prem Deva Niranjan Deva Tayal AIR 1982 SCR 1518. Consequently, the appeal will have to be allowed. We accordingly allow this appeal, set aside the order of the Rent Controller as well as the order of the High Court and grant leave to contest the petition for eviction. We remit the matter back to the Rent Controller with a direction to decide it according to law and the hearing of the matter will be expedited. There will be no order as to costs.


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