MADHO LAL Vs. ROOP CHAND

JUDGEMENT

(1.) This order will dispose of three S. A. O. Nos. 157-D of 1963, 158-D of 1963 and 159-D of 1963, filed by Shri Madho Lal in which the only point argued was whether the Controller and the Rent Control Tribunal were right in holding that, in the circumstances, of the cases, the presumption, raised in favour of the service of a registered notice of demand of rent, on the respondents stood rebutted.

(2.) The appellant, Shri Madho Lal, in the three appeals, is the proprietor of premises No. 1511 West Patel Nagar New Delhi. The appellant resides in the premises. There are three shops in the premises. Out of three shops, one shop was let out to the respondent, in each appeal, on rent. The appellant filed three sperate applications, one against each respondent, under section 14(l) of the Delhi Rent Control Act, praying for an order of eviction. The eviction was sought on the ground that the respondents had not paid rent for a year, and that the notice of demand dated 11th January, 1962, issued to the respondents, had been received back with the report "refused". A further ground of eviction was taken up against Shri Roop Chand, respondent, in S.A.O. No. 157-D of 1963. That ground was that Shri Roop Chand was using the shop, which had been let out for business purposes, for his residence.

(3.) The applications were contested, on behalf of the respondents. It was pleaded that no notice of demand, as required by law, had been served on the respondents and that the applications for eviction were not maintainable, Other pleas were also taken up. But those pleas are not relevant for the disposal of the present appeals. Shri Roop Chand, respondent, had denied that he was using the shop as his residence.