LAKHMI DEVI & ANOTHER Vs. KASTURI LAL

JUDGEMENT

(1.) This is a second appeal against the order dated June 3, 1968 of the Rent Control Tribunal, Delhi, in R.G.A. No 327 of 1967 which was dismissed.

(2.) The appellant No. 1 as the landlady of the premises which is a shop bearing No. 2464 in Street No 9, Beadonpura Karol Bagh, Delhi filed a petition under Clause (b) of the proviso to sub-section (1) of Sec. 14 of the Delhi Rent Control Act, 1958, praying for the eviction of the respondent from the aforesaid premises on the ground that respondent had sub let the said premises without obtaining her consent in writing While the tenancy had commenced somewhere in the month of April, 19 57, the alleged sub- tenancy was alleged to have been entered into in 1964 between the respondent and Kesar Mal; Daulat Ram and Ram Lal, The sole defence of the respondent was that he had not sub let the premises to the aforesaid three persons but had by a deed of partnership (exhibit R W. 1/1) dated Sept. 21, 1964 entered into a partnership with regard to the business carried on by him.

(3.) Both the Rent Controller and the Rent Control Tribunal found upon on appreciation of evidence and a construction of the aforesaid document Exhibit R.W. 1/1 that the appellant had failed to prove a case of sub-letting and that the respondent had proved his case of partnership.