ASA RAM Vs. GULAB RAI

JUDGEMENT

(1.) This appeal arises out of an application made under section 21 of the Delhi Rent Control Act (Act 59 of 1958) hereinafter called the Act.

(2.) The application states in paragraph 1 that the applicant who is appellant before me had obtained permission of the Additional Rent Controller Shri S. R. Goel, for letting out the premises comprised in No. 28. Block L. Kirti Nagar, New Delhi and that he had rented out the ground floor to the respondent Gulab Rai for a period of six years beginning with the first of December, 1968 and ending with the 30th Nov., 1974. The monthly rent was fixed at Rs. 350.00. In paragraph 2 the applicant stated that the respondent took the ground floor for the residence and had agreed that he would not sublet the same to any person. The averment is that subject to the said condition and with the permission of the Additional Rent Controller, the present appellant had put the respondent to this appeal in possession of the premises. In paragraph 3 the applicant stated that soon after the appellant was transferred to Madras and in his absence the respondent violated the essential conditions of the permission accorded on 28th November, 1968 in as much as a part of the premises was sublet to one Shri Tek Chand for commercial purposes.

(3.) The applicant then stated that he had been transferred back to Delhi on 27th December, 1971.