YASHBIR SHARMA Vs. SUDESH SHARMA

JUDGEMENT

(1.) The Appellants, particularly Appellant No.1, are aggrieved by judgment and decree dated 31st May, 2003 passed by the learned Additional District Judge in an appeal being RCA No.143/2002.

(2.) The premises in question, namely, the first floor of D-35-A, Nizamuddin East, New Delhi were let out by one Smt. Tara H.K. Lal to Balbir Singh, the father of the Appellants and proforma Respondents No.5 and 6. After the death of Smt. Tara H.K. Lal, the suit premises came to the share of late Lt. Col. Man Mohan Lal, the father of Respondents No.2 to 4 and the husband of Respondent No.1. Another portion of the premises on the ground floor and a servants quarter on the terrace floor went to the share of Respondents No.7 and 8. This portion of the property is not in dispute. The only dispute is with regard to the first floor consisting of a drawing-cum-dining room, three bedrooms, two bathrooms and a kitchen along with one big room, bath and toilet.

(3.) There is no dispute that Balbir Singh attorned to Lt. Col. Man Mohan Lal or that his tenancy was terminated during his life time by means of a registered notice dated 28th June, 1983. However, even though the tenancy of late Balbir Singh was terminated, he continued to be a statutory tenant under the provisions of the Delhi Rent Control Act, 1958 (the Act).