DES RAJ CHOPRA Vs. POORAN MAL

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India against the order of the Additional Rent Controller, Delhi dated 16th of July, 1974 by which he refused permission to the petitioners to cross examine witness by respondent No. 3 the New Super Consumer Co-operative Stores (hereinafter called the Store).

(2.) Respondent No. 1 is the landlord of premises in dispute. He has filed an eviction application on the allegation that the premises were originally let to Ram Swarup respondent No. 2 who has sublet and parted with possession to one Des Raj (who was predecessor in interest of the petitioners being the husband of the petitioner No. 1 and the father of the petitioner No. 2 to 4. It was also alleged that premises were subsequently collusively sub-let to Respondent No. 3 the stores and that the store is running its business there. As no consent has been given in writing by the landlord, the Stores as well as other persons are liable to be evicted.

(3.) In the written statement filed by the petitioners sub-tenancy has been denied. It is stated that the tenant was a firm of Ram Swarup & Co. of which their predecessor Desraj was a partner. It is also alleged that the store has been accepted as a direct tenant and landlord also received rent from the said tenant.