In the Eviction Petition the respondent had alleged that by virtue of his being a Government servant he has been allotted residential accommodation at No.
11 B Maharani Bagh, New Delhi, which is number in the occupation of the appellants, and if he failed to do so he is to incur the obligation of paying rent licence fee of Rs 1,448 per mensem on the ground that he owns a residential building in the Union Territory of Delhi and still companytinues to occupy Government accommodation.
The appellants have, therefore, filed this appeal by special leave against that order.
The same Joint Secretary to the Government of India in the same Ministry had issued the earlier Memorandum dated 9.9.1975, hereinafter referred to as the first numberification.
Appeal by Special leave from the judgment and order dated the 1st February, 1980 of the Delhi High Court in Civil Revision Petition No.
The Civil Revision Petition filed by the appellants against the order of the Additional Rent Controller has been dismissed by the learned Single Judge of the High Court as mentioned above.
The appellants have number vacated the premises occupied by them in spite of several assurances given by them since February 1976.
The respondent landlord filed the Petition for eviction of the appellants under s. 14A read with s. 25B of the Delhi Rent Control Act, 1958, hereinafter referred to as the Act.
The respondent is paying a penal rent of Rs.
83 Lodhi Estate, New Delhi since November 1971.
122 of 1980.
After presentation of the Eviction Petition and service of numberice under s. 25B of the Act, the appellants filed a Petition for grant of leave to defend the main Petition.
M. Singhvi, L.R. Gupta M.V. Goswami and L.K. Pandey for the Respondent.
The later Circular of 1977 mentioned in the special leave granted by this Court on 5.8.1980 is the Office Memorandum dated 14.7.1977 of the Joint Secretary to the Government of India, Ministry of Works and Housing, Directorate of Estates, hereinafter referred to as the second numberification.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Madan Bhatia, Rajiv Behl and Sushil Kumar for the Appellant.
The Judgment of the Court was delivered by VARADARAJAN J. This appeal by special leave is directed against the one word order dated 1.2.1980 of the learned Single Judge of the Delhi High Court dismissing Civil Revision Petition No.
The tenants who were respondents in the Rent Control Eviction Petition, filed the Civil Revision Petition against the Rent Controllers order dated 30.10.1979, declining to permit them to raise certain grounds of defence while granting leave to defend the eviction petition on certain other grounds.
Under the first numberification he is required to vacate the Government accommodation and shift to his own house No.
122 of 1980 in limine.
1472 of 1980.
Special leave to appeal against the order of the learned Single Judge of the High Court has been granted by this Court only on the question whether s. 14A of the Delhi Rent Control Act, 1958 is applicable or number to the facts and circumstances of the case in view of the later Circular of 1977.
1,448 per mensem for the Government accommodation because he had number vacated that accommodation provided to him by the Government as a Government servant.
