YASHPAL MALHOTRA Vs. S INDERJIT SINGH

JUDGEMENT

(1.) In this civil revision petition under section 35 of the Delhi and Ajmer Rent Control Act (38 of 1952) (hereinafter called the Act) which has been replaced by a later enactment, the petitioners Yashpal Malhotra s/o late Krishan Lal Maotra (tenant) challenges the judgment of the Senior Subordinate Judge (Shri K.B. Andley) who accepted the appeal preferred by Inderjit Singh s/o late Bhagwan Singh (landlord) against the judgment of the learned Subordinate Judge IInd Class (Shri M.L. Jain) in a suit filed by the landlord against the tenant for ejectment. Since no second appeal lies against the judgment of Shri KB. Andley, the present revision petition has been filed under section 35 of the Act. Only the controversy in this civil revision petition may be noticed.

(2.) The suit for ejectment had been fileld by the landlord against the tenant in June 1974, the tenancy having commenced some time in 1953. The suit for eviction was based inter alia on the ground that the tenant had built his own house in Friends Colony (37, Friends Colony, New Delhi) of which he was in possession and which had not been let out to any person. In fact the tenant through his counsel Shri R.B. Nanak Chand, had written to the landlord's Advocate Shri Ranjit Singh Narula (now Chief Justice Narula) on the 15th May 1954 in reply to the latter's notice dated 5th May, 1954 making the following specific admissions :

(3.) When the landlord's suit was dismissed he filed an appeal which ended in a compromise on 1-5-1957. The compromise was that the tenant would vacate the demised property in favour of the landlord within three years from that date.