AMAR SINGH TRILOCHAN SINGH Vs. JASOTI

JUDGEMENT

(1.) This appeal is directed against the order dated 25th January, 1982 passed by Rent Control Tribunal in Appeal 1079 of 1980.

(2.) The premises in question was let out by late Shri Vishan Das Shivani to the appellants for commecial purposes with effect from 1st July, 1974. The appellants entered into a partnership business with one Ranjit Singh son of Mr. Bhagwan Singh for the transport business. The respondent, who is the widow of Vishan Dass Shivani, filed an eviction petition under clauses (a), (b) and (j) of the proviso to sub-Section (1) to Section 14 of the Act. It was alleged that appellants had sub-let, assigned or parted with the possession of the premises in question to M/s Amar Transport Company, Agra, without the consent in writ of the respondent and the unauthorised sub-tenant had opened its branch in the premises in question. It was further contended that appellant had caused or permitted to be caused substantial damage to the property and had unauthorised made a partition in the hall on the first floor and had broken the stairs and walls and had tampered with the electric meters. An eviction order was passed by Additional Rent Controller on the ground of sub-letting, assigning or parting with the possession of premises under clause (b) of Section 14 of Delhi Rent Control Act. The appellants assailed the eviction order by way of an appeal before the Rent Control Tribunal. The appeal was dismissed on 26th January, 1982.

(3.) Counsel for the appellants contends that appellants did not sub-let the premises. The appellants entered into a partnership business with M/s Amar Transport company, Agra and were doing their business from the premises in question. The possession of the premises was the with appellants. It did not amount to sub-letting.