ALBEIN PLYWOOD LIMITED Vs. JANAK KAPUR

JUDGEMENT

(1.) This second appeal is directed against the judgment of the Rent Control Tribunal dated November 11, 1987 by which he had affirmed the order of eviction passed by the Controller on the ground of eviction covered by clause (b) of the proviso to sub-section ( 1 ) of Section 14 of the Delhi Rent Control Act.

(2.) The two courts below have given a concurrent finding of fact that the tenant namely M/s. Albein Plywood Ltd. has sublet the premises to M/s. Sen & Company.

(3.) Councel for the appellant has raised a question of jurisdiction of the Rent Controller in entertaining the eviction petition for want of permission under Section 19 of the Slum Areas (Improvement & Clearance) Act. 1956. He has produced on record a . notification dated April 20, 1957 SRO 1252 issued under Section 3 of the said Act showing that the property in question namely 2155 Desh Bandhu Gupta Road known as 8/4 Desh Bandhu Gupta Road, New Delhi is located in the slum area to which the provisions of the said Act apply. He has moved an application for permission to lead additional evidence in this respect As thenotification is published in the official Gazette a judicial notice of this notification can be taken. It is now not in dispute that the provisions of Slum Areas (Improvement & Clearance) Act. 1956 were applicable to the premises in question at the time the eviction petition was brought.