KRISHNA PRAKASH Vs. SHANTA SINHA CHENOY

JUDGEMENT

(1.) This appeal raises some questions under the amended definition of "tenant" in section 2(1) of the Delhi Rent Control Act, 1958 (the Act). Section 2(1) reads as below :

(2.) The first question is whether an ordinary civil suit for possession on the basis of title can be filed by a landlord alleging .hat the spouse of the deceased tenant whose tenancy had been terminated prior to his death was not financially dependent on the deceased tenant and, therefore, was not entitled to continue in possession for more than one year after the death of the tenant. The second question relates to the meaning to be attached to the expression "not financially dependent on the deceased person on the date of his death."

(3.) The facts from which' these questions arise are not disputed and may be briefly stated. On 2-11-1963 lease of the premises, situated at 20, Sunder Nagar was given by the present respondent, Mrs. Shanta Sinha Chenoy, to Dr. (Late) Sura) Prakash. On 10-10-1969 notice under section 106 of the Transfer of Property Act to terminate the tenancy was given by the landlady to the tenant. On 30-4-1971 the respondent filed a petition for eviction against the tenant before the Controller under daises (h) and (j) of sub-section (1) of section 14 of the Act. On 6-6-1972 the tenant Dr. Suraj Prakash, died. while the eviction petition was pending. On 20-8-1972 an application was made by the respondent landlady for bringing the legal representatives of the deceased tenant on record on the principle embodied in Order XXII Rule 4 of the Civil Procedure Code. On 26-2-1973 the eviction petition was dismissed by the Additional Controller on the ground that after the death of the tenant the statutory protection enjoyed by him after the determination of his tenancy came to anend and such protection was personal to the tenant and did not extend to his legal representatives. The eviction petition was thus held to have abated.