KULWANT KAUR Vs. S P BAWA

JUDGEMENT

(1.) Shri S.P. Bawa, (since dead), who was the original owner/landlord of the premises, being Shop No. 19/5, West Patel Nagar, New Delhi, filed an eviction petition against Smt. Ishwar Kaw', as respondent No, 1, and Gumarn Singh (appellant No.2 herein), as respondent No.2, alleging that Ishwar Kaur was tenant in the shop with effect from 1965, by Virtue of a judgment of the Rent Control Tribunal, passed in eviction proceedings, taken out earlier by the landlord against one Balwant Singh, impleading Ishwar Kaur as respondent No.2, alleging her to be the sub-tenant.

(2.) In appears that in view of the concurrent findings in that eviction petition, the landlord accepted the decision, holding Ishwar Kaur being a tenant, and the eviction petition, out of which this second appeal has arisen,,was filed in April 1971 invoking provisions of clauses (a) and (b) of the proviso to section 14 (1) of the Delhi Rent Control Act,' 1958 (for short 'the Act'). -

(3.) The allegations were that besides committing defeault in the payment of rent, Ishwar Kaur had, without obtaining consent in writing of the landlord, sub-let, assigned or parted with possession of the suit premises in favour of respondent No.2 who was alleged to be in exclusive possession of the same. In so far as ground of non-payment of rent was concerned, an order under section 15 (1.) of the Act was passed, and there is no dispute that Ishwar Kaur, so long as she was alive, kept on complying with the same. She, however, died during the pendency of the eviction proceedings. The Controller took the view that since Ishwar Kaur had become a statutory tenant by virtute of termination of her tenancy by means of a notice, the tenancy was not heritable, and that her daughter (Kulwant Kaur, appellant No. 1 herein), who was her only legal representative, could not avail of provisions of section 14(2) of the Act by complying with the provisions of section 15 (1). It was on this view, that the landlord/petitioner was held entitled to eviction order on the ground of non- payment of rent.