ABDUL HAQ Vs. HAFIZ ABDUL RASHID
LAWS(DLH)-1973-12-3
HIGH COURT OF DELHI
Decided on December 14,1973

ABDUL HAQ Appellant
VERSUS
HAFIZ ABDUL RASHID Respondents


Referred Judgements :-

MACLEAN V. MACLEAN [CITED]
UD-DIN V. MAHABIR SINGH [CITED]
KIRATH CHAND VS. P R VARSHNEYA [CITED]
M PARKASH VS. LACHHMAN DASS [CITED]


JUDGEMENT

Jagjit Singh, J. - (1.)During hearing of petition U/Art. 227 of the Constitution following question was referred to a D.B. by Single Judge :-
"Whether the income or earning capacity of tenant alone should be taken into consideration by competent authority in proceedings U/S 19 of Slum Areas (I&C) Act, 1956 or whether income of persons living with the tenant as members of his family can also be taken into consideration.

(2.)Competent Authority granted permission to execute order of eviction obtained before the coming into force of the Act. (In para 3, Section 19 is reproduced.)
(3.)Thus in granting or refusing to grant the permission under Sub Section (3) one of the factors to be taken into account by the Competent Authority is whether alternative accommodation within the means of the tenant would be available to him if he were evicted.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.