KISHAN Vs. MAHABIR SINGH AND TWO ORS

JUDGEMENT

(1.) This Letters Patent Appeal has been filed by Shri Krishan and Dr. Hans Raj Dawar against the judgment of a learned single Judge of this Court, S. Rangarajan J., dated March 31, 1971, whereby the learned Judge dismissed Civil Writ Petition No. 1116 of 1970 filed by them.

(2.) The respondents in this Letters Patent Appeal, who were also the respondents in the Writ Petition, are (1) Shri Mahabir Singh, Financial Commissioner, Delhi Administration, Delhi, (2) Competent Authority under the Slum Areas (Improvement and clearance) Act, 1955, and (3) Shri Shyam Kishore.

(3.) The appellants filed the aforesaid Writ Petition alleging that appellant 2 was the tenant in respect of the first and second floors of premises No. 3530, Darya Ganj, Delhi, that the tenancy was created in July or August 1939, that appellant I was a lawful sub-tenant of the said two floors since the year 1939, the year of the alleged inception of the tenancy, and that appellant 2 had not been living in the said two floors since the year 1942-43. On March 14, 1961, the landlord (respondent 3) filed a petition No. 351 of 1961 before the 1st Additional Controller stating, inter alia, that appellant 2, without his written consent and permission, had sublet, assigned, or parted with the possession of the two floors to appellant I about two or three years ago, that he, the owner of the said floors, bona fide required the same for his own residence and for the residence of the members of his family dependent on him as he had no other reasonably suitable residential accommodation, and that in the circumstances an order for the eviction of the appellant from the two floors may be passed in his favour.