ABDUL ALIM Vs. G K BHATNAGAR

JUDGEMENT

(1.) The appellant/tenant in this appeal under Section 39 of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) has challenged the order dated 11th October, 1982 passed by the learned Rent Control Tribunal (hereinafter referred to as the Tribunal) in R.C.A. No. 359/82.

(2.) The premises in question is a shop below the staircase of property bearing No. G-16, Hauz Khas Enclave, New Delhi: On or about 28th May, 1979 the 264 respondent/landlord filed a petition seeking eviction of the appellant on the ground that he had sublet the suit premises to one Jagdish Chander. The learned Additional Rent Controller, by his order dated 12th April, 1982 dismissed the eviction petition. In appeal, the learned Tribunal reversed the learned Additional Rent Controller's order and passed an order of eviction against the appellant/ tenant.

(3.) The suit premises were initially taken on rent by the appellant some time in 1966. On 13th October, 1978, the appellant and Jagdish Chander entered into a partnership agreement Ex. RW 1/1. The agreement stated (in Clauses 1 and 2) that the partner ship firm shall carry on business in sale, purchase, and supply of sanitary goods; however, the firm could also carry on the business of any other articles, goods and commodities. The shares in the profit and loss of the partnership were to be 50% each (Clause 4). It was mentioned in Clause 6 that the tenancy and the possession of the suit premises will be with the appellant. It was stated that Jagdish Chander or the firm shall have nothing to do with the tenancy rights and possession of the suit premises. It was also stated that the possession of the premises shall always vest with the appellant. In Clause 7 of the agreement it was stated that on the determination of the partnership, the possession will remain with the appellant and Jagdish Chander shall have no right in the suit premises.