HARDIT SINGH OBEROI Vs. KAUSHALYA RANI

JUDGEMENT

(1.) This second appeal under Section 39 of the Delhi Rent Control Act by Hardit Singh Oberoi is directed against the order of the learned Rent Control Tribunal affirming on appeal the decision of the Additional Controller whereby an application filed by the tenant-appellant to the effect that the landlord had waived the right to evict the tenant, was dismissed. When the appeal came up for hearing before Tatachari. J., the learned Judge expressed the view that because of the important question involved in the case it should be heard by a Division Bench.

(2.) The brief facts of the case are that the appellant was a tenant in the premises in dispute situated in Connaught Circus, New Delhi, under Daulat Ram on a monthly rent of Rs. 109.00. Daulat Ram filed an application under Section 14 of the Delhi Rent Control Act for the ejectment of the appellant on the allegations that the latter had made alterations and additions in the premises and had caused substantial damage. It was further stated that those alterations and changes were in violation of the terms of the lease of the site on which the premises in dispute had been constructed. According to the landlord, the tenant-appellant had not removed the additions and set right the alterations in spite of notice served on him. Ground was also taken that the tenant was liable to be ejected, because he had sublet, assigned or otherwise parted with possession of these premises in favour of two other persons without the written consent of the landlord.

(3.) The tenant-appellant admitted the tenancy and the rate of rent. He, however, controverted the grounds set up by the landlord for ejectment. During the pendency of the ejectment application, Daulat Ram died on January 7, 1963. His wife and children were then impleaded as his legal representatives.