SUDHIR SARAN Vs. GOPI KRISHAN VERMA

JUDGEMENT

(1.) This second appeal was admitted on 25th January, 1983 and the following question of law was framed:-

(2.) The father of the Respondents was a tenant in the suit premises bearing No. 1099, Private Flat No. 9, Harsaran Niwas, Railway Road, Shahdra, Delhi. During the life time of the 'Respondents' father, the Appellant had issued to him a notice dated 18th January, 1968 (Ex.PW-1/2) under Section 106 of the Transfer of Property Act, 1882 read with Section 14/15 of the Delhi Rent Control Act, 1958 The allegation made in the notice was that the father of the Respondents had not paid rent in respect of the suit premises since 1st September, 1965. It was stated that even otherwise, the Appellant was not interested in keeping the Respondents' father as a tenant. Accordingly, the tenancy of the Respondents' father was terminated with effect from 29th February, 1968. The Respondents' father was called upon to hand over peaceful and vacant possession of the suit premises, but he did not do so.

(3.) Thereafter, since the premises were in a slum area, the Appellant was required' to take permission from the competent authority under the Slum Areas (Improvement and Clearance) Act, 1956 (for short the Slum Areas Act) before filing an eviction petition against the Respondents' father. Accordingly, the Appellant moved an application seeking permission to file an eviction petition against the Respondents' father for non- compliance with proviso (a) to clause (1) of Section 14 of the Delhi Rent Control Act, 1958. This application was subsequently withdrawn by the Appellant on 20th April, 1974 vide Ex.D-1 which records that the Appellant has compromised the matter with the Respondents' father and, therefore, may be allowed to withdraw the application under Section 19 of the Slum Areas Act. The Respondents' father agreed to pay Rs. 100/- per month as rent on the 10th of each month, inclusive of taxes amounting to Rs. 693/- due upto 31st March, 1974. In view of Ex.D-1, the application filed by the Appellant under Section 19 of the Slum Areas Act was dismissed as withdrawn.