YUSUF Vs. RAFIQUDDIN SIDDIQUI

JUDGEMENT

(1.) This second appeal was referred to a larger Bench by Pritam Singh Safeer, J. In the referring order the learned Judge also posed the following question, which he considered to be of general importance and likely to arise in many cases:-

(2.) Rafiquiddin Siddiqui is owner of house No. 3403, situate at Jangli Kuan, Kucha Pandit, Delhi-6. The first floor of the said house (which has hereinafter been referred to as "the premises") was let out by the owner to Naziruddin, son of Lal Mohd. at a rent of Rs. 8.50 per month. On taking the premises on rent Naziruddin and his wife, Mst. Bashiran, started living in it. Mst. Bashiran, however, died issueless in the year 1957 or the year 1958. After his wife's death Naziruddin allowed one Mohd. Yasin and his family members to reside with him in the premises.

(3.) In May 1962 Siddiqui applied for eviction of Naziruddin from the premises on the ground that the tenant had sub-let or otherwise parted with possession of the premises to Mhd. Yasin. "The application was dismissed on March 20, 1963 by an Additional Controller. The appeal filed by the landlord against the order of the Additional Controller as well remained unsuccessful. While dismissing the appeal the Rent Control Tribunal held by its order dated July 23, 1963 that the alleged sub-letting had not been proved as "Mohd. Yasin, his wife and children were residing in these premises along with the tenant as relations and they did not pay any rent to the tenant". Thereafter a fresh application was made by the landlord for eviction of the tenant on the ground that the premises were bona-fide required by him for occupation as a residence for himself and for purposes of re-construction. While that application was still pending before an Additional Controller Naziruddin died on November 6, 1966.