NAWAB BASHAR-UD-DIN Vs. MIRZA AHMED BEG

JUDGEMENT

(1.) THIS is a second appeal from the judgment of Rent Control Tribunal dated 3rd December, 1981 dismissing the first appeal of the appellant against the order of Additional Rent Controller, Delhi dated 1st April, 1981.

(2.) IT appears that an eviction order was passed on 4th March, 1978 in favour of Mirza Ahmed Beg, respondent No. 1 herein and against Sh. Mohd. Din in respect of premises in dispute. Sh. Mohd. Din is the brother of Nawab Bashar-ud-din (appellant). After the order for eviction and when attempts were being made to obtain police aid after time for vacation of the premises by Mohd. Din expired on or about 30th September, 1978, Nawab Bashar-ud-din field objections under Section 25 of Delhi Rent Control Act, inter alia claiming that he is not liable to ejectment in execution of a decree obtained by the decree-holder against Mohd. Din as he is in possession of the premises in dispute in his own independent right.

(3.) LEARNED Additional Rent Controller gave a finding that the objection appellant herein Nawab Bashar-ud-din was not in possession of the property and also that he had no independent right and title in the property. Nawab Bashar-ud-din went up in appeal before the Tribunal. Learned Tribunal affirmed the finding of the learned Additional Rent Controller that Nawab Bashar-ud-din was not in possession of the property and also gave a finding that he had no independent right and title to the property in dispute.