GULZAR SINGH Vs. SIRI CHAND GUPTA

JUDGEMENT

(1.) This is a second appeal from the order of the Tribunal dated July 18,1981 dismissing the appeal of the appellants against the order of the Addl. Controller dated December 1, 1978 directing their eviction from the shop in dispute.

(2.) On January 12,1976 Siri Chand Gupta, respondent/landlord brought a petition for recovery of possession of the shop No. WZ 258/4. Subhash Bazar, Nangal Raya, New Jail Road. New Delhi on the averments that the said shop had been let out by him to Gulzar Singh (appellant No. 1) on a monthly rent of Rs. 80.00 in May, 1968 and he had sub let, assigned or otherwise parted with the possession of the shop to Avtar Singh (appellant No. 2) without his consent in writing It was also averred that the tenant had not paid the arrears of rent due from December 1, 1972 in spite of notice of demand.

(3.) The petition was resisted by the appellants. Main pleas raised were that the shop had been let out to both of them. They were real brothers and living and carrying on business jointly and there was no question of any sub-letting, assigning or parting with possession. They had been tendering the rent from time to time. A sum of Rs. 1760/ was even sent by money order but the landlord refused to accept it.