KESHAV DASS Vs. PREM NATH

JUDGEMENT

(1.) The present second appeal arises out of the judgment dated 23.4.76, passed by Shri S.R. Goel, A.D.J. Delhi. The learned Judge affirmed the findings of the trial court as recorded in the judgment dated 28.4.75 in Suit No. 142/75.

(2.) . The respondents filed a suit for possession and for recovery of Rs. 380.00 on the allegations that they were owners of property No. 703, Ward No. B, Kundewalan, Delhi.

(3.) The property was taken on rent by Bal Kishan by means of a rent note dated 24.3.58 w.e f. 16.3.58 for a period of eleven months expiring on 15.2.59, that from 16.2.59 Bal Kishan became a statutory tenant and was protected by the Rent Control legislation in force in Delhi. Bal Kishan died on 30.1.69 and on his death the tenancy came to an end. The decessed Bal Kishan left behind his widow Ram Kali and sons, who are appellants 1 to 4 and are in possession of the suit premises. The respondents further contended that the said legal heirs of Bal Kishan have no right to continue in possession of the shop in suit and despite repeated demands they did not hand over possession and, as a consequence, the suit for possession and recovery of rent was filed against them. The appellants contested the suit and alleged that Bal Kishan was and remained a contractual tenant throughout his life time and his tenancy was never terminated; that the rights were and are for the benefit of HUF of which Bal Kishan was Karta and, as such, the appellants were entitled to step into the position of Bal Kishan and to the protection, as provided by the relevant provisions of law. [In para 3 issues are reproduced.]