SHER SINGH GUPTA Vs. PREM CHAND

JUDGEMENT

(1.) This is an appeal from the order of the Rent Control Tribunal, dated 27th September, 1979.

(2.) The appellant Sher Singh Gupta was a tenant of the ground floor of house No. 11311/1 situated on plot No. 23, Block No. 14-A, W.E.A. Karol Bagh, New Delhi. He took these premises on rent on 7th September, 1949 from Roshan Lal. Roshan Lal was at that time managing this property. On Bhagwat Sarup claimed that he was the owner of the property. Between Roshan Lal and Bhagwat Sarup litigation ensued. Finally the High Court held that Bhagwat Sarup was the owner. The appeal of Roshan Lal to the Supreme Court was dismissed. Therefore, the appellant became the tenant of Bhagwat Sarup.

(3.) Bhagwat Sarup launched ejectment proceedings against the tenant under the Delhi and Ajmer Rent Control Act, 1952. The subordinate judge in the suit for ejectment made an order of eviction. On appeal the Additional District Judge set aside the order of eviction. But the tenant was not satisfied. He preferred a revision in the High Court. On 17th September, 1969 the revision petition filed by the tenant was dismissed. S. N. Andley J. held that there exists a relationship of landlord and tenant between Gupta and Bhagwat Sarup. This was one finding. The other finding was that the agreed rate of rent was Rs. 67.50 per month. This judgment set the controversy finally at rest as regards the relationship of landlord and tenant and the rate of rent. This judgment operates as resjudicata between the parties.