PUSHPA DEVI Vs. BEHARI LAL

JUDGEMENT

(1.) These two appeals arise out of a common judgment of the Rent Control Tribunal dated February 16, 1982. This order would dispose both these appeals SAO 206/82 (Bohari La! .v Pushpa Devi and Another).

(2.) On November 16, 1973 Behari Lal brought an application for recovery of the possession of a shop measuring 18 ft. X 19 ft. bearing municipal No. 725/1, Jheel Kurenja, Patparganj Road, Delhi. The case set out by him was that the shop had been let out to Smt. Pushpa Devi on June 1, 1971 on a monthly rent of Rs. 125.00 . She had sub let, assigned or otherewise parted with possession of the shop to Devi Dayal without his consent in writing.

(3.) Pushpa Devi was proceeded exparte. The petition was resisted by Devi Dayal who contended, that the land on which this shop had been built belonged to DDA. The construction had been made by him and he was in possession of the shop in his own right as an owner. The pleas regarding letting to Pushpa Devi or sub letting by her to him were false.