RAGUNATH RAI Vs. HARI BAI

JUDGEMENT

(1.) The facts of this appeal are as follows. A double storeyed house B-45 (Ground-floor) and B-46 (First-floor) in Ramesh Nagar was sold to one Hari Bai by the Managing Officer on August 7, 1973. The certificate of sale was registered on November 28,-1973, but the certificate states that the purchase shall take effect from 11.3.1958. Krishan Dev Dewan (AW 1 ) was the property dealer and through him the appellant Raghunath Rai was inducted as a tenant in the ground-floor (B-45) at the rate of Rs. 38.00 per month. Krishan Dev came to occupy the first-floor (B-46) in 1970. Hari Bai gave a power of attorney on 12.9.1972 in favour of Krishan Dev arid his wife in respect of the whole house. It was also stated in the power of attorney that she had agreed to sell the said property in favour of Krishan Dev. On 23-1 1-1972, Hari Bai filed an eviction petition against tenant Raghunath Rai on several grounds out of which two, mainly default inpayment of rent and subletting, survived. She alleged in her petition that out of the ground-floor given on rent to Raghunath Rai, he sublet it to one Shyam Sunder Batra (AW 3), one room and one kitchen at the rate of Rs. 25.00 per month, but the exact date of subletting was not known. On 19-1-1973, Raghunath Rai filed his written statement. He denied the ownership of Hari Bai and set up the ownership of one Hari Chand. He further took up the plea that Shyam Sunder Batra was not a sub-tenant. As a matter of fact, due to financial difficulties, he surrendered the disputed portion to the landlady who let it out at Rs. 25.00 per month to Shyam Sunder Batra. A replication was filed on 27-2-1973 by her attorney Krishan Dev.

(2.) The Controller by his order dated 28-3-1973, refused to make an order under sub-section (1) of S.15 of the Delhi Rent Control Act, 1958 (hereinafter the Act). But, on appeal, the Tribunal, by its order dated 27-8-1973, directed the tenant to pay rent at the rate of Rs. 13.00 per month from 1-12-1972 to 31-8-1973 within one month and to deposit rent in future by the 15th of each succeeding month.

(3.) On 19-1-1974, Hari Bai executed a power of attorney in favour of Dev Raj Bhagat (AW2). On 21-3-1974, Shyam Sunder Batra executed a deed of surrender of the sub-lease in favour of Dev Raj (AW 2), stating that he was a sub-tenant of Raghunath .Rai from 1962-63 on a rental of Rs. 25.00 per month. He came to know that in the eviction proceedings the tenant had taken the false plea that the premises were let to him by the owner. Thus, the sub-tenant was satisfied of the mala fide intentions of the tenant. He even offered to surrender possession to Raghunath Rai, but he refused to accept delivery of possession and therefore he surrendered possession to the owner of the sub-leased portion of B-45.