MOH AHMED Vs. SUNDER SINGH

JUDGEMENT

(1.) This second appeal has been filed under section 39 of Delhi Rent Control Act 59 of 1958 (hereinafter referred to as the Act) by Mohd. Ahmed petitioner-appellant who claims to be the landlord against the judgment and order of the Rent Control Tribunal dated 27th December, 1967 by which he has allowed the appeal and reversed the order of the Additional Controller dated 12th May, 1 67 finally dismissing the petition for eviction.

(2.) The brief facts of the case are that the appellant instituted a petition for eviction of the respondent on the ground of non-payment of rent mentioned in clause (a) of the proviso to sub-section (1) of section 14 of the Act on the allegation that the property had become an evacuee property and vested in the Custodian, during which period the respondent entered into its possession and that later on the property was restored by the Custodian to the father of the appellant and on his death the appellant has inherited the property and as the respondent was in lawful possession of the premises under the Custodian on a rent or licence-fee of Rs. 3/- per month, be had become the tenant of the appellant by operation of law.

(3.) The respondent disputed the relationship of landlord and tenant.