SUCHET SINGH AND ORS Vs. GOPAL DASS

JUDGEMENT

(1.) This second appeal is directed against the dated 3rd May, 1966, passed by the Rent Control Tribunal, Delhi, the Tribunal maintained the order dated the 7th January, 1965 by the Additional Rent Controller, Delhi, (herein to be called the Controller ordering the eviction of the appellants from the ground floor of premises No. 5541, Shora Kothi Pahar Ganj, Delhi.

(2.) The respondent who is landlord in this case filed an application under section 14 of the Delhi Rent Control Act, 1958 (herein to be called 'the Rent Act') against the appellants on the grounds, (i) that appellant No. 1 had acquired a vacant possession of quarter No. 5, Block No. 4, Sewa Nagar, to which he had shifted; (ii) that appellant No. 1 had sub-let assigned or otherwise parted with possession of the premises to appellant No. 2 after 9-6-52 (i.e. 2-1/2 years back) without the consent of the custodian/managing officer and the respondent in writing and (iii) that neither appellant No. 1' nor any member of his family had been residing in the house for 21 years prior to the institution of the suit.

(3.) Before proceeding further it may be stated here that the premises in question was an evacuee property and the respondent purchased the same as acquired evacuee property from the Central Government in an open auction on, the 12th February, 1960. The provisional possession of the premises was given to the respondent with effect from 16th February, 1961 and the sale Certificate was issued in favour of the respondent on 21st January, 1963. It was under these circumstances that the appellant Tara Singh became tenant in the premises in question under the respondent.