MANPHUL SINGH SHARMA Vs. AHMEDI BEGUM

JUDGEMENT

(1.) Smt Ahmedi Begum is the owner of the property known as 'Dharampur Lodge' situated near Clock Tower, Subzi Mandi, Delhi. Sardar Sardul Singh Caveeshar in terms of the registered lease deed executed on 12th April, 1948 was inducted as a tenant in the said property for five years on a monthly rent of Rs. 1000.00 . On 3rd April, 1953 another lease deed was executed between the aforesaid parties for a further period of five years. The tenant was in arrears of rent and he failed to pay the same in spite of a notice of demand dated 3rd June, 1957. His tenancy was also terminated by the said notice.

(2.) On 28th August, 1957 Smt. Ahmedi Begum filed a suit for eviction and recovery against the said tenant. On 31st August, 1959 the Subordinate Judge, 1st Class, Delhi passed a decree for ejectment and recovery of Rs. 32.554/4.00 . The decree-holder took out execution in the court of the Subordinate Judge which was transferred to this court under the Delhi High Court Act, 1966.

(3.) Under the terms of the two lease deeds between the aforesaid parties, the tenant Sardar Sardul Singh Caveeshar was authorised to sublet the whole or part of the property. He accordingly sublet various portions of the said property to numerous persons. He also sublet a portion of the said property to Manphool Singh Sharma (appellant in E.F.A (OS) No. 7 of 1971) in April, 1948 on a monthly rent of Rs. 25.00 and another portion to Yog Raj Goswami (appellant in E.F.A (OS) No. 9 of 1972) in August, 1955 on a monthly rent of Rs. 25.00 . On 1st September 1956 the tenant sublet the entire property to Surinder Kumar Sharma by a registered lease deed. The sub-tenant Surinder Kumar Sharma was further authorised by the registered lease deed to sublet any portion of the said property. The tenant by letter dated 5th December, 1956 directed all the occupants-sub-tenants in the property to attorn to the sub-tenant Surinder Kumar Sharma. The appellants in these two appeals accordingly attorned as sub-tenants under the sub-tenant Surinder Kumar Sharma. The appellants allege that they sent separate notices regarding creation of sub-tenancy in their favour under Section 17 of the Delhi Rent Control Act, 1958 (hereinafter called the 1858 Act'). The appellants claim that they have been in occupation of the premises in their possession as lawful subtenants and as the decree for ejectment was passed against the tenant on 31st August, 1959, they became direct tenants under the landlady-decree-holder. Both the appellants filed separate applications/ objections in May, 1968 in the Execution Case No. 15 of 1967 pleading the said facts. They claim that they are not liable to be dispossessed in execution of the ejectment decree and that they have become tenants directly under the decree-holder. Their applicants/ objections were dismissed by the learned single Judge by the two judgments dated 17th August, 1971 and 21st November, 1972. These two appeals have arisen out of the said two judgments.