CAPITAL BUS SERVICE Vs. GIMARI DEVI

JUDGEMENT

(1.) The appellants were the tenant of the respondent in the disputed premises situated at Asaf Ali Road, New Delhi. One of the terms of the lease dt. 17.9.53, was as follows :

(2.) The respondent landlady on 9.3 1972, filed an eviction petition on the ground that the tenant had sub-let, assigned or otherwise parted with possession of the tenanted premises to M/s Associated Traders and Engineers(P) Ltd., without her written consent. The case of the tenant was that M/s. Associated Traders and Engineers(P) Ltd., were their associate or a sister concern and they were using the premises with express written permission of the landlady as contained in the aforesaid terms of the lease. The Additional Controller by his order of 16.11.76 repelled the contention of the tenant and directed recovery of possession in favour of the respondent landlady. In the execution proceedings, possession of the premises was taken by the respondent on 26.11.76.

(3.) The Rent Control Tribunal dismissed the appeal of the tenant on 28.11.79. The tenant applied for a copy of the judgment on 6.12 79. The copy was ready and delivered on11.12.79. The second appeal was presented on 12.2.80. The office raised an objection that the appeal was barred by ten days and the copy of the order of the Additional Controller was not certified as true copy by the counsel.