KENNETH SOLOMON Vs. DAN SINGH BAWA

JUDGEMENT

(1.) Dr. (Mrs.) C.L. Sury was lessee of house No. 72, Baber Road, New Delhi under the respondent Dan Singh Bawa. The agreed rent was Rs. 37.82 per month. She died in October, 1967.

(2.) On April 22, 1968 the landlord brought an application against thepresent appellant Kenneth Solomon for recovery of possession of the tenancy premrises. The eviction was claimed under proviso (b) to Sub Section (1) of Section 14 of the Delhi Rent Control Act, 1958 (for short 'the Act) on the allegations that the tenant had left no heir and had in her life time parted with the possession of the premises in dispute in favour of the appellant without the written consent of the landlord.

(3.) The appellant defended the claim. The plea raised was that that contractual tenancy in favour of Dr. Sury had not been determined. The tenancy rights devolved on him and another person under a will dated March 31,1957. In case it was held by the court that he could not inherit the tenancy rights under the will the same devolved on him as an heir being Dr. Sury's nearest kinsman.