JAGDISH KUMAR AGGARWAL Vs. AGRA AERIAL TAXI SERVICE

JUDGEMENT

(1.) In this second appeal under Section 39 of the Delhi Rent Control Act, 1958 (for short 'the Act'), the appellant-landlord challenges the jadgment and order dated 19th September, 1979 of the Rent Control Tribunal dismissing his application for eviction of the respondents under clauses (b), (c) (j) & (k)of the proviso to Section 14(1) of the Act.

(2.) The Additional Controller by judgment dated 6th September; 1976 has passed an order for eviction under Section 14(1)(b) of the Act. He had negatived the grounds under clauses (c) & (j). The appellant had not pressed the ground under clause (k). The appellant now claims eviction only under claused (b) (c) of the- proviso to Section 14(1) of the Act. 1. Briefly the case of the appellant under clauses (b) & (c) of the proviso to Section 14(1) of the Act is that he filed the eviction application on 6th April, 1968 alleging that Agra Aerial Taxi Service (respondent No. 1) and Harcharan Singh Subedar, (respondent No. 2) Proprietor/Partner of Agra Aerial Taxi Service took on rent from him a newly built garage, two rooms with verandah, bath and W.C. at the back of Bungalow No. 16, Hailey Road, New Delhi as shown in the plan on a monthly rent of Rs. 225.00 excluding electricity and water charges with effect from 1st February, 1955 in terms of an agreement executed by them. that the premises were let for residential purposes, that the respondents I and 2 sublets assigned, or otherwise parted with the possession of the said premises unauthorisedly to Jai Singh respondent No. 3 and also to a mechanic and that they have been using the same for office and commercial purposes.

(3.) Para 16 and 18 (a) (2) of the eviction application relating to the ground under clause (b) read as under :-