BRIJ MOHAN Vs. SMT. KRISHNA WANTI

JUDGEMENT

(1.) This second appeal under Sec. 39 of the Delhi Rent Control Act No. 59 of 1958 has been filed by the landlord against the order of the learned Rent Control Tribunal dated 14th Sept., 1965, by which he dismissed the appeal and affirmed the order of the Additional Rent Controller dated 2nd Nov., 1964, finally dismissing the petition of the landlord-appellant before me for eviction of the respondent from the premises in dispute on the ground of unlawful subletting mentioned in clause (b) of the proviso to sub-section (1) of section 14 of the Rent Control Act.

(2.) The brief facts of the case are that on or before 10th Sept., 1959, the appellant before me let out the premises to Smt. Krishna Wanti respondent on a rent of Rs. 125.00 per month. The premises consists of shop No. 12 in a double storeyed house in Central Market, Lajpat Nagar, New Delhi. It was alleged by the landlord that on or after 9th June, 1952, the respondent had sublet the premises to one Sohan Singh who was running the business under the name and style of Royal Dispensing Chemists and Druggists and the same amounted to unlawful subletting within the meaning of clause (b) of the proviso to sub-section (1) of section 14 of the Rent Act.

(3.) The respondent in her reply admitted her tenancy as well as the rate of rent, but controverted the ground of eviction and she alleged that Sohan Singh was her husband and that on the premises had been let out to her on the clear understanding that the business would be run by him and she admitted that the business was being carried on under the name and style of "Royal Chemists" The Additional Rent Controller found that Sohan Singh was the husband of the respondent and that there was no sub-letting and he dismissed the petition and the appeal against the same also failed.