BHAGWAN SINGH Vs. SULTAN KHAN

JUDGEMENT

(1.) The appellant was a lawful sub-tenant in respect of premises House No. 2130, Ward No. VII, Katra Gokul Shah, Bazar Sita Ram, Delhi. The aforesaid premises, prior to 1968, where owned by Shri R.N. Kaul and two of his brothers. At that time Dr. Zutshi was the tenant. The appellant herein was a sub-tenant of Dr. Zutshi. According to the concurrent findings of the Courts below lawful sub-tenancy had been created in favour of the appellant by Dr. Zutshi, with the consent of the then landlord, in February. 1952.

(2.) In 1968 Sultan Khan) the decree holder bought the premists in question. He filed an application for eviction of Dr. Zutshi and one Smt. Sushila Devi. The appellant was also impleaded as one of respondents. The application was filed by the respondent-landlord for seeking eviction On the grounds specified in Section 14(1) (a), (b), (d) and (h). It is not disputed that Dr. Zutshi deposited the rent in Court and therefore, the claim for eviction under Section 14(1)(a) came to an end.

(3.) During the pendency of the eviction proceedings, the respondent No. I landlord made a statement to the effect that he Wanted to give Up the appellant. The appellant was deleted from the arroy of respondents arid the eviction petition against him was dismissed as withdrawn. Subsequently the respondent landlord entered into a compromise with Dr. Zutshi and Smt. Sushila Devi. As a result of that compromise, an order of eviction was passed on 2nd June 1971 in favour of Respondent No. 1 on the grounds mentioned in Section 14(1) (d) and (h).