S JAGIR SINGH Vs. S WASAWN SINGH

JUDGEMENT

(1.) In this second appeal filed by the tenant, the question in dispute falls in a very narrow compass. But first brief narration of facts for the disposal of this appeal is essential.

(2.) The respondent/landlord S. Wasan Singh Filed an eviction petition against the appellant S. Jagir Singh invoking Clauses (e) and (h) of Provised to section 14 (1) of the Delhi Rent Control Act, 1958 (for short the Act). The grounds pleaded, in so far as section 14 (l)(h) is concerned, was that the tenant had built and acquired vacant possession of premises No. 41, Ranjan Road, Adrash Nagar, Delhi. The other is not being noticed because both the courts below have held against the landlord and that has not been agitated. The dispute that survives for consideration is as 'to whether an eviction order could be passed in favour of the landlord under section 14 (l)(h) of the Act on the facts and circumstances of the case.

(3.) The eviction petition was filed on 3.6.1969 and this happpened to be the second petition invoking section 14 (l)(h) of the Act. Admittedly, the earlier eviction petition had been filed under section 14( l)(h) after the tenant had built the house which happened to be the same house, with reference to which the second eviction petition was filed. It appears that during pendency of the first eviction petition"the tenant's plea was that he had inducted a tenant in his newly built house. There was then some settlement between the parties as a result of which the tenant surrendered some part of the tenancy premises, agreeing to pay same rent for the remaining portion. He also agreed that the portion of the tenancy premises in occupation of a third person, alleged to be a sub-tenant, could be got vacated by the landlord, and for which the tenant agreed to render all assistance and cooperation. That eviction petition was withdrawn as a result of the understanding reached between the parties, reserving liberty to the landlord to file a fresh eviction petition on the same cause of action.