HARI SHANKAR Vs. RAO GIRDHARI LAL CHODHURY

JUDGEMENT

(1.) The appellants (in this appeal by special leave) are the sons of one Gauri Shankar, who owned a bungalow known as 5. Halley Road, New Delhi. This bungalow was given to the respondent by Gauri Shankar on a monthly rent of Rs. 234-6-0. excluding taxes. The suit, out of which this appeal arises, was brought by the appellants against the respondent, Rao Girdhari Lal Chowdhury, for his eviction on the ground (among others) that he had sub-let a portion of the bungalow after the commencement of the Delhi and Ajmer Rent Control Act, 1952 (38 of 1952)to one, Dr. Mohani Jain, without obtaining the consent in writing of the landlord as required by S. 13 (1) (b) (i) of the Act. The defence was that the original contract of tenancy was entered into sometime in 1940 and a term in the contract gave the tenant a right to sub-let. It was alleged that a letter written by the tenant which embodied the terms of the tenancy, was in the possession of the landlord and a demand was made for its production. The case of the tenant was that the sub-tenancy commenced in the year 1951, that is to say, before the passing of the Act of 1952, and the tenant was not required to obtain the written consent of the landlord to sub- let. Admittedly, in this case. no written consent was proved. We need not mention the other allegations and counter-allegations which are usual in proceedings between landlords and tenants, the most important of them being about the arrears of rent, which the tenant under permission of the Court ultimately deposited in Court.

(2.) The issue on which the decisions below have differed was framed by the Sub-Judge, First Class, Delhi, in the following terms:

(3.) Against the order of the Additional District Judge, a revision was filed under s. 35 (1) of the Act. That section reads as follows: