K G MALHOTRA Vs. VIJAY KUMAR

JUDGEMENT

(1.) This is a revision petition under section 35 of the Delhi and Ajmer Rent Control Act of 1952 (hereinafter to be referred as the Act) filed by defendant No. 3 against the judgment and decree passed by the District Judge, Delhi, by which the appeal of plaintiff-respondent No. 1; landlord, was allowed and a decree for eviction was passed against the defendants from the premises in suit and a decree for Rs. 3,570/2/5 in favour of the plaintiff against the defendants on account of arrears if rent and electricity charges was also passed.

(2.) The facts of the case as alleged in the plaint are that one L. Cyan Chand, grand father of plaintiff-respondent No. 1 is alleged to have leased out the premises known as 17, Bara Khamba Road, New Delhi, to Shri Kidar Nath Malhotra. father of the present petitioner, on a monthly rental of Rs. 75.00 in the year 1941. Later on by a partition award dated 26-10-1946, the property fell to the share of plaintiff-respondent No. 1. A suit was brought in which apart from claiming ejectment the prayer for arrears of rent, water and electricity charges was also made. The details of the arrears were as under :-

(3.) Shri Kidar Nath died during the pendency of the suit and his legal representatives including the petitioner were brought on record. The claim of the plaintiff for asking for eviction of the defendants was that :-