PADAM CHAND JAIN Vs. MAHABIR PERSHAD AND SONS

JUDGEMENT

(1.) This Second Appeal has been filed by Padam Chand Jain against the order of the Rent Control Tribunal, Delhi, dated July 25, 1968, dismissing Rent Control Appeal No. 1611 of 1966, and thereby confirming an order of the Controller. Delhi, dated November 7, 1966, in Suit No. 1203 of 1964.

(2.) Padam Chand Jain filed an application on December 30. 1964. in the Court of Controller, Delhi, against (1) M/s Mahabir Pershad & Sons and (2) M/s Attar Chand Jain & Sons, under Section 14 of the Delhi Rent Control Act, 1958, for eviction of the said respondents from the premises bearing No. 3729, Katra Dhoomi Mal, Churi Walan, C^hawri Bazar, Delhi. The application was numbered as Suit No. 1203 of 1964. The applicant, Padam Chand Jain. allege d in his application that M/s Mahabir Pershad & Sons, (first respondent) was an old tenant in respect of the aforesaid premises at a monthly rent of Rs. 137.50 and was already in occupation of the same in 1938 when the father of Padam Chand Jain purchased the property, that the tenant sublet, assigned or parted with possession of a portion of the premises in 1958 in favour of the second respondent, M/s. Attar Chand Jain & Sons, without his permission in writting, and that both the respondents were, therefore, liable to be evicted on the ground contained in clause (b) of the proviso to subsection (1) of Section 14 of the Delhi Rent Control Act, 1958.

(3.) In the written statement filed by the respondents, the tenancy and the rate of rent as well as the sub-letting of a porion of the premises to the second respondent were admitted It was, however, pleaded that -the sub-letting was made not in 1958 but with effect from April 1, 1947, on a yearly rent of Rs. 240.00 which was later on increased to Rs. 246.00 and then to Rs. 2521-, and that consequently clause (b) of the proviso to sub-section (1) of Section 14 did not apply.