NAMDHARI BODY BUILDERS Vs. RAJ KUMARI

JUDGEMENT

(1.) This second appeal is directed against the order of the Rent Control Tribunal dated August 5, 1982.

(2.) The dispute is in respect of property No. WZ-40,PhoolBagb, Rohtak Road, Delhi. These premises were admittedly let out by Naurattan Chand to Harbans Lal on a monthly rent of Rs. 425.00 vide lease deed dated August 22, 1966. The tenant, admittedly, sub let a part of the premises to the present appellant (M/s. Namdhari Body Builders). The landlord, it appears, took objection to the sub letting and served a notice on the tenant in this behalf. A compromise was arrived at between the landlord and the tenant on April 1, 1970. The agreed rent was increased to Rs. 500.00 per month and the said sub letting as condoned. This compromise was witnessed by Nirmal Singh, proprietor of the appellant-firm.

(3.) On January 29, 1973 the landlord filed a petition under clauses (a) and (b) of the proviso to Sub-section (1) of Section 14 of the Delhi Rent Control Act, 1958 (for short 'the Act'), for recovery of possession of the premises in dispute, on the allegations that the tenant had neither paid nor tendered the arrears of rent amounting to Rs. 37501- for the period ending December 22, 1972, within two months of the service of the notice of demand, dated October 30, 1972, and had, after April 1, 1970 sub let, assigned or otherwise parted with possession of the various portions of the premises in dispute in favour of the respondents No. 2 to 9 and all the sub-lettings, except sub letting in favour of the present appellant (respondent No. 2 in the eviction petition) were unauthorised.