JAI PARKASH GUPTA Vs. NAND LAL

JUDGEMENT

(1.) The appellants filed an appeal under Section 39 of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) directed against the order dated 17th December, 1983 passed by the learned Rent Control Tribunal (hereinafter referred to as the Tribunal) in R.C.A. No. 459 of 1982.

(2.) The appellants are the landlords in respect of the suit premises situated on the second floor of property No. VII-21, Naya Bans, Delhi. Respondent No. 1 was said to be the tenant in the suit premises and respondent No. 2 was said to be the subtenant inducted by the tenant.

(3.) While the eviction petition was filed on various grounds, the learned Additional Rent Controller in his order dated 24th May, 1982 passed in Suit No. E-1007 of 1973 found in favour of the landlords only on the ground of sub-letting and directed the eviction of the respondents. The relevant provision of law on which eviction was ordered is Proviso (b) to Section 14(1) of the Act. The said proviso reads as follows: