SURAJ PARKASH SAWHNEY Vs. BHAGAT RAM

JUDGEMENT

(1.) This judgment would dispose of three second appeals No. 328-D of 1964 filed by Sura) Parkash Sawhney and Nos. 7-D and 9-D of 1965 filed by Bhagat Ram and Brij Mohan; all of which are directed against the orders of the Rent Control Tribunal, Delhi.

(2.) These appeals have arisen in the following circumstances:- Sura) Parkash Sawhney is occupying two adjoining shops bearing Nos. 3852 and 3853 which are part of Metro Building, Mori Gate Delhi, as tenant of Bhagat Ram and Brij Mohan. Shop No. 3852 was taken by Suraj Parkash Sawhney on rent in June 1961, while the other shop was taken on rent from an earlier date. The two landlords filed an application for ejectment of Suraj Parakash Sawhney tenant from shop No. 3852 on the allegation that it had been let out to the tenant for running a muniari shop (shop for sale of general merchandise) and that the same was being used for running a hotel. Another ground on which the ejectment was sought was that the tenant had caused substantial damage to the shop by removing the wall intervening between shops Nos. 3852 and 3853. Another application was filed by the landlords for ejectment of the tenant from shop No. 3853 on the ground that the tenant had caused substantial damage to the shop by removing the wall intervening between shops Nos. 3852 and 3853.

(3.) Both the applications were resisted by the tenant.