RAJESH GULATI Vs. SHAMMI ANAND

JUDGEMENT

(1.) Petitioner, a tenant is a defendant in a suit for ejectment and recovery of arrears of rent. Respondents have filed this suit for recovery of premises- basement measuring 700 Sq.yards in a double storey building (No. 39) East of Kailash, New Delhi allegedly rented ou.t on a monthly rental of Rs. 4,200.00 excluding electricity and water charges. Petitioner filed his written statement and challenged the maintainability of the suit on the plea that he was a tenant of a portion of basement (800 sq. yards) under respondent No. 1 on a monthly rent of Rs. 2800.00 plus Rs. 700.00 for electricity charges and respondent No. 2 had let out a separate portion to him on Rs. 700.00 P.M. and that he was paying rent to two respondents separately. He pleaded that two tenancies were separate and the suit was triable by the Rent Controller.

(2.) Trial court raised the preliminary issue in the matter and decided it by impugned order dated 24.10.98 holding that the disputed tenancy was one and the suit was maintainable. The court relied upon a judgment of the Supreme Court (AIR 1988 SC 1365) and of this Court 1996 RLR-186 holding that where there was integrity and unity of premises, rent paid to different landlords would not split the tenancy.

(3.) Petitioner has introduced anew case in this petition. He claims that respondent No. 2 had let out one room and 150 sq.ft. area in the ground floor to him for which he was paying a monthly rent of Rs. 700.00 to her and thus it was a case of two separate tenancies. He, however, forgets that ejectment suit against him was only for 700 sq. yards of basement and that ground floor was not included in it. His claim, therefore, is a contradiction in terms and runs counter to his stand in the written statement. Since this aspect is not dealt with in the impugned order, there is no scope to disturb it any way. The order is accordingly affirmed and revision petition dismissed.