DAYA NAND Vs. FATEH CHAND THAREJA

JUDGEMENT

(1.) Fateh Chand, plaintiff had filed a suit for possession and arrears of rent against the defendant Daya Nand. Plaintiff alleged that he was the joint owner of property No.472/1(6) and old No.23, Chisti Chaman near Bhagat Singh Marg, Kishanganj, Delhi in terms of a sale deed dated 26.9.1956. He was the landlord of the house in question. It had been tenanted out to Man Singh, the deceased father of the defendant Daya Nand. Man Singh had attorned to the plaintiff and he was paying monthly rent of Rs.9/- per month. The tenancy commenced on the first day and ended on the last day of each calendar month. Man Singh paid rent upto 31st August, 1972. Thereafter, he fell in arrears. Legal Notice dated 31.8.1975 was served upon Man Singh to pay up the arrears. Tenancy of Man Singh was, thereafter, terminated vide notice dated 31.8.1977, from which date he became a statutory tenant. Defendant No.1 was living with Man Singh, but he was an earning member and was not financially dependent upon his father. At best, under Explanation II of Section 2(l) of the Delhi Rent Control Act, 1958, a protection was available to Daya Nand for a period of upto one year from the date of death of his father, i.e., from 14.3.1976. Defendant has no right to further continue in the suit property.

(2.) Defendant had contested the suit. Preliminary objection was that Smt.Sarti Devi, wife of Man Singh had inherited the tenancy and she had ordinarily been living with her husband in the premises prior to his death. It was denied that the tenancy was terminated during the lifetime of Man Singh.

(3.) The trial court had framed four issues. Issue No.2 related to the objection of the defendant on the maintainability of the suit on the ground that Sarti Devi, the wife of Man Singh, had inherited the tenancy rights, and as such the present suit was not maintainable. The Trial Judge had examined the testimony of seven witnesses on behalf of the plaintiff and three witnesses on behalf of the defendant. After considering the entire gamut of the oral and the documentary evidence, the Trial Judge had held that the family of the deceased, including Sarti Devi, were ordinarily living in the village and not with Man Singh. The present suit was filed after one year from the demise of Man Singh and Daya Nand, and his son, not being financially dependent upon his father, the question of the inheritance of the tenancy did not arise. The suit of the plaintiff was decreed in his favour.