TRILOCHAN SINGH Vs. DAYA SHANKAR

JUDGEMENT

(1.) This second appeal under Section 39 of the Delhi Rent Control Act, 1958 is directed against the Additional Rent Control Tribunal's judgment dated 18.11.1999 which ordered eviction of the appellant. This appeal really did not survive after 12.7.2006 when, in CM (Main) 68/2000 filed by two sons of the deceased-tenant Sant Singh (namely Sukhbir Singh and Hardeep Singh), a learned Single Judge of this Court by a detailed judgment upheld this very (i.e., the impugned) judgment and eviction order of the ARCT. However, since this appeal by the third son of the deceased-tenant (namely Trilochan Singh) has remained pending thereafter, and has now been heard, I propose to examine the matter in its entirety.

(2.) On 25.2.1945, a residential plot of land measuring 97 sq.yards bearing Khasra No.1406/370 in Karol Bagh area was leased out by the Government to Shri Kishori Lal, son of Shri Mangal Sen. After certain transfers, Bharat Singh became the owner. On this plot a residential house had been built. This property came to be known as House No.2809, Gali No.19, OR 2473, Gali No.9, Beadonpura, Block-M, Naiwala, Karol Bagh, New Delhi. The Government's lease of the land underneath was renewed on 17.8.1963 by the DDA, and taking into account the transfer of ownership in the meantime, was granted in favour of Bharat Singh. Upon Bharat Singh's death on 16.9.1975, his son Daya Shankar (Respondent No.1) became the owner.

(3.) The submission of the appellant in short is that the suit property was let out in 1952 for commercial purpose and in any case was put to commercial use and was not objected to, and therefore user became commercial. On Sant Singh's death, the tenancy rights were inherited by all his Class I legal heirs, each of whom became a protected tenant.