A C MANNA Vs. TOTI DEVI

JUDGEMENT

(1.) This second appeal under section 3) of the Delhi Rent Control Act of 1958 ha. been filed by the tenants and is directed against the appellate order of the Rent Control Tribunl dated 27th December, 1955 by which the Tribunal reversed the order of the Additional Controller dated 25th March, 1965 and finally ordered eviction of the tenants appellants before me on the ground that they had acquired vacant posossion of other residence and were liable to eviction under clause (h) of the proviso to sub-section (1) of section 14 of the Rent Act.

(2.) . The brief facts of the case are that the property in dispute is situated in Nawab Ganj, Delhi which was allotted to Shri A.K.Manna predecessor-n-interest of the appellants before me by custodion of Evacuees property, on a rent of Rs.4 88 per month and they had been residing there since 1947. Later on the ownership of the said property was transferred to Smt.TotiDevi, respondent before me, in adjustment of her claims with effect from 1st of October, 1955, although the formal documents in this respept were drawn up sometime in 1962. A letter of attornment in favour of the respondent was issued by the Rehabilitation Authorities on 28th December, 1960 (Exhibit A 2) which has been proved on the record, but the receipt of which is denied by the appellants.

(3.) . It appears that Shri A K.Manna, predecessor-ini-nterest of the appellants, purchased some piece of land in Karkari village in Shahdara, Dehli in the year 1957 and he constructed a small tenament of two rooms which were let out to two tenants This fact is admitted as well as established on the record of the case. On 8th June, 1962 Shri A. K. Manna died and he was succeeded by his son and widow (appellants betore me) who by operation of law, became tenants of the respondent. Eventually, on 15th September, 1964 the respondent instituted a petition for eviction which has given rise to this appeal. The eviction was sought on the ground mentioned in clause h'of the relevant provisions.