BHIM SAIN GUPTA Vs. S P RAO

JUDGEMENT

(1.) The Appellants have filed a second appeal under Section 39 of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) directed against the order dated 7th January, 1986 passed by he learned Rent Control Tribunal in R.C.A. No. 516/85. By the impugned order, the learned Rent Control Tribunal (for short the Tribunal) allowed the appeal filed by the Respondents and dismissed the eviction petition filed by the Appellants as being not maintainable.

(2.) The question involved in this appeal is quite narrow. But, before addressing the question, it would be essential to refer to the facts of the case which ultimately have a bearing on the issue raised.

(3.) The predecessors in interest of the Appellants entered into a perpetual lease deed dated 19th December, 1938 with the Government of India in respect of the suit premises. By virtue of the lease deed, they were entitled to use the suit premises for residential purposes. They were also entitled to sublet the suit premises. The predecessors in interest of the Appellants leased out the suit premises to the predecessors in interest of the Respondents. For the sake of convenience, the predecessors in interest of the Appellants and the Appellants are hereinafter referred to as the landlords while the predecessors in interest of the Respondents and the Respondents are referred to as the tenants.