JAGATRI LAL DHAWAN Vs. CHARANJI LAL

JUDGEMENT

(1.) This order will dispose of two matters (Civil Writ No. 1327 of 1967 and S.A.O. 93 of 1968). The facts of the case are taken from the writ petition where Jagatri Lal Dhawan who is appellant in the second appeal from order, is the petitioner.

(2.) On 31st March, (this date is wrongly mentioned in paragraph 2 of the writ petition as 30th February, 1960) the petitioner filed a petition for eviction against tenant Shri Chiranji Lal Vaid (who is now) dead and is represented by his legal representatives 1 (g) to 1(Q) on the ground of non-payment of rent and unlawful subletting, The Controller after passing an order under section 15 of the Act passed another order striking of the defence of the tenant on failure to deposit the rent on 22nd October, 1960 and finally by order dated 1st November, 1960 ordered eviction on the both the grounds. The tenant filed an appeal before the Rent Control Tribunal which succeded and by order dated 3rd April, 1961 the order of the Controller was revised. On Second appeal, the High Court (Mehar Singh.J.) by order dated 13th february, 1964 allowed the appeal and get aside the appellate order of the Tribunal and restored the order of the Controller, finally maintaining the order for eviction.

(3.) On 14th September, 1964, the petitioners applied to Competent Authority'(Slums) under section 19 of the Slum) Areas (Improvement and Clearnce Act, 1956 for parmission to execute the decree. This was allowed by the Competent Authority by order dated 19th April- 1966 only la part and he permitted the petitioners to execute the order for eviction in respect of a portion of the tenanted premises which had been subset by the tenant and which had been occupied by the subtenant and the Competent Authority refused the permission to execute the decree in respect of the remaining portion of the premises.