ROSHAN DEVI Vs. ARJAN DASS GUPTA

JUDGEMENT

(1.) This second appeal has been filed by the landlord under section 39 of the Delhi Rent Control Act, 59 of 1958 (hereinafter referred to as 'the Act') and is directed against the appellate order of the Rent Control Tribunal, dated 5th June, 1969 by which it has dismissed the appeal and affirming the order of the Additional Controller, finally dismissed the petition for eviction on the ground that a petition for partial eviction is not maintainable.

(2.) The dispute between the parties relates to a godown bearing new No. 675, Ward No. VII, Khirki Farash Khana, behi G. B. Road, Delhi. Its measurement is said to be 10' X 20'. This godown is a part of a large property, which belonged to a Muslim lady known as Fakhar-ul-Nisa, who migrated to Pakistan in 1948 and was declared an evacuee. The property was taken over by the Custodian of Evacuee Property and eventually vested in the Central Government under the relevant provisions of law and was finally sold to the appellant before me under a certificate of sale dated 31st December, 1960 effective from 3rd March, 1960.

(3.) The respondent tenant is a pre-partition tenant in respect of the premises in dispute in this appeal. It is alleged that the said godown bearing private No. 5, was let out in 1942 on a rent of Rs. 15.94 p.m. to the respondent under the name of respondent's Karinda named Jagan Nath. It is in evidence that a separate rent note was executed for the same, but the rent note has not been produced. The rate of rent was subsequently increased according to law. This tenancy had been recognised by the Custodian during the period the property was in his possession and control and it has been foisted on the appellant by operation of law. The appellant filed the petition for eviction (No, 1210/62) against the respondent in respect of the aforesaid godown in dispute on the ground of non-payment of rent, etc. This petition has given rise to the present appeal.