RAM KUMAR Vs. RAJINDER THAKUR

JUDGEMENT

(1.) Smt. Daropadi Devi was the owner of the property No. 105-E, Kamla Nagar, Delhi. The land on which it was constructed was purchased by her by a sale deed dated January 8, 1948, Ex. A-1/1. On her death this property devolved on the appellants Ram Kumar her husband, and Sarwan Kumar, Vijay Kumar and Ashok Kumar, her sons, A portion on the first floor of the said property consisting of three rooms etc. shown as red in the plan Ex.A-2. was let out to Rajinder Thakur, respondent No. 1, in September, 1958. The monthly rent is Rs. 61.00 per month.

(2.) On September 2, 1972 the appellants brought an application for recovery of possession of the said premises under clauses (b) and (e) of the proviso to Sub-section (1) of Section 14 of the Delhi Rent Control Act (for short 'the Act'). An order for eviction was made by the Additional Controller on January 23, 1976 on both the grounds, in appeal the Tribunal by order dated September 13, 1977, however, reversed the findings and dismissed the eviction petition. Feeling aggrieved the appellants/landlords have brought this second appeal.

(3.) The three expressions "sublet", "assigned" or "otherwise parted with possession" used in clause (b) of the proviso, no doubt, deal with different concepts but in all the three cases there must be a transfer of the legal possession of the whole or part of the demised premises to person or persons other than the tenant. A tenant, who retains the legal possession of the whole of the premises with him, cannot be said to have sub let, as signed or otherwise parted with possession of the whole or part of the premises.