SURESH GUPTA Vs. RAMESH CHANDER

JUDGEMENT

(1.) This revision petition by the tenant is directed against the order dated 1-5-1982 passed by the learned Subordinate Judge, First Class, Delhi, whereby the preliminary issue framed in the suit was decided against him.

(2.) The respondent-landlord filed a suit for possession of the premises in dispute on the allegations that he was the owner of the premises and Shri Ram Gupta was the tenant in the said premises. The tenancy of Shri Ram Gupta was terminated by means of a notice dated 2-6-1978 and w.e.f. 1-7-1978, he became a trespasser. The premises were let for commercial purposes and Shri Ram Gupta having died, his legal heirs were not entitled to the benefit of Section 2(1) of the Delhi Rent Control Act.

(3.) The suit was contested by the petitioner who raised a preliminary objection in the written statement regarding the maintainability of the suit. According to the allegations in the written statement, the tenancy rights of the deceased Shri Ram Gupta devolved upon all the legal heirs of Shri Ram Gupta. It was further stated that till his death Shri Ram Gupta remained as contractual tenant in respect of the premises in dispute and the suit against the defendant alone in the present form was not maintainable.