BHAIRON SAHAI Vs. BISHAMBER DAYAL

JUDGEMENT

(1.) THIS is a second appeal. It has impugned the judgment of Rent Control Tribunal (RCT) dated 21.4.1984. The RCT had reversed the finding of the Additional Rent Controller (ARC) dated 14.11.1983 wherein the petition filed by the landlord Bhairon Sahai under Section 14(1)(b) of the Delhi Rent Control Act 1958 (hereinafter referred to as ,,the DRCA) had been decreed. . The impugned judgment had reversed this finding; eviction petition of the landlord stood dismissed.

(2.) THE petitioner/landlord Bhairon Sahai had filed an eviction petition against two respondent brothers namely Bishamber Dayal and Ram Avtar under sections 14(1)(b) and 14(1)(j) of the DRCA. THE demised premises comprise of a shop i.e. property bearing No.7/6403, Dev Nagar, Karol Bagh, New Delhi. Contention of the landlord was that respondent no.1 had sublet, assigned or parted with the possession of the shop in favour of respondent no.2 without the consent of the landlord; the property had been partitioned in two portions by making big holes therein; substantial damages to the property had also been effected.

(3.) SECTION 39 of the DRCA reads as follows: