MURARI LAL Vs. ABDUL GHAFFAR

JUDGEMENT

(1.) In this second appeal the only question which arises for decision is as to whether under the provisions of section 18 of the Delhi Rent Control Act, 1958 (hereinafter referred to as "the Act") MurariLal appellant can be deemed to have become a tenant holding directly under the landlords in respect of the premises in his occupation on the same term and conditions on which Ranjit Singh tenant would have held from the landlords, if the tenancy had continued.

(2.) The premises to which this case relates is a godown which is part of a building having Municipal No. 11/953, situate in Kucha Qabil Attar, Chandni Chowk, Ward No. 11, Delhi. It is not disputed that the godown belonged to Haji Abdul Jabbar and was let out by him on June 19. 1954 to Ranjit Singh at a rent of Rs. 85.00 per month. In July 1956 Ranjit Singh sub-let the godown to Murari Lal without the consent of the landlord.

(3.) In April 1963 Haji Abdul Jabbar filed an application, under clause (a) of the proviso to sub-section (1) of section 14 of the Act, against Ranjit Singh for the recovery of possession of the premises on the ground of non-payment of rent. From the other side the tenant applied for fixation of standard rent. On April 21, 1964 Haji Abdul Jabbar and Ranjit Singh entered into a compromise according to which the standard rent of the premises was to be fixed at Rs. 50 per month with effect from April 1, 1964. Haji Abdul Jabbar also agreed not to press his application for the recovery of possession. Further Ranjit Singh was permitted to keep Murari Lal or his son Damodar Dass as his sub-tenant in the premises. In that connection paragraph 3 of the deed of compromise provided as under:-