NAWAB KHAN Vs. VIDYA WANTI

JUDGEMENT

(1.) This is a second appeal filed under Section 39 of the Delhi Rent Control Act challenging the legality of the judgment passed on 19th April, 1983 if the Rent Control Tribunal, New Delhi whereby the first appeal of the appellant herein, Nawab Khan, was dismissed.

(2.) To appreciate the contention of Mr. Tikku, learned counsel for the appellant, I may note that the appellant was a tenant in respect of premises in dispute at a monthly rent of P.s. 30.00 . The case before the Appellate Court was that the property in dispute vested in the Government of India and, therefore, decree in favour of the Decree-holder Smt. Vidya Wanti, respondent herein was liable to be set aside in view of Section 15 of the Public Premises (Eviction of Unauthorised occupants) Act, 1971 (hereinafter called the Act). The question whether the said property belonged to the Government of India, and therefore, the decree in favour of Smt. Vidya Wanti was liable to be set aside had also arisen in two civil revisions petitions filed by one Manohar Lal against this very respondent Smt. Vidya Wanti. Those Revision Petition Nos. C.R. No. 27/83 and C R. No. 119/82 were decided by me on October 1, 1985. While negativing the contention of the petitioner in those cases, I held that the decree in favour of the landlady was executable against the tenants. I agreed with the findings that it had not been proved that the property in dispute belonged to th e Delhi Development Authority.

(3.) Inhe present appeal also the same view is to be taken. The appellant has been unable to prove by any cogent evidence that the property vested in the Government of India. Hence, the question whether the appellant can be proceeded against only under the Act does not arise for consideration.