SHAMESHWAR PRASAD BHARGAVA Vs. KULWANT RAI JAIN

JUDGEMENT

(1.) This order shall also dispose the connected appeal No. 404/79 (S.C. Bhargam v. Kulwant Rai Jain and others) as both the appeals arise out of a common order.

(2.) The dispute is in respect of a portion of property No. 4754-4755, Darya Ganj, Ansari Road, Delhi. These premises were admittedly let out to Dr. Shameshwar Prasad Bhargava (hereinafter to be referreds 'tenant in March/April, 1959).

(3.) On 9/5/1969 Kulwant Rai Jain brought a petition for recovery of possession of the said premises on the allegations that the tenant, without obtaining his consent in writing, had sub let, assigned or otherwise parted with the possession of the various portions of the premises in dispute in favour of M/s. Bhargava & Associates, Dr. H.D. Goyal and Kishore Corporation. The eviction was also claimed on the grounds under clauses (c), (j) and (g) of the proviso to Sub Section (1) of Section 14 of the Delhi Rent Control Act, 1958 (for Short the Act'). These grounds were, however, not pressed before the Tribunal and do not survive.