BHAGWATI Vs. MALIK

JUDGEMENT

(1.) This order will dispose of C.W.P. No. 3106/85 and S.A.O. 104/86 as common questions of facts and law are involved.

(2.) M/s. Nannai Mal Janki Dass are the owners/landlords of the premises No. 3644. situate in Gali Lohe Wali. Chawri Bazar. Delhi (hereinafter referred to as the premises in dispute). The premises in dispute were let out to late Ram Gopal at a monthly rent of Rs. 125.00 in the year 1957. The landlords filed an ejectment petition under S. 14( l)(a) of the Delhi Rent Control Act. 1958 thereinafter referred to as the Act) against late Ram Gopal. Late Ram Gopal obtained the benefit of S. 14(2) of the Act and the eviction petition was dismissed. The owners filed a second petition u/s. 14(2) of the Act for ejectment of late Ram Gopal on the ground of second default. That was case No. 991/63 of the Court of Rent Controller. Delhi. The Rent Controller passed on October 28. 1964 an order for recovery of possession of the premises in suit in favour of the landlords against late Ram Gopal for non-payment of rent. An appeal filed by late Ram Gopal against the order dated October 28. 1964 of the Rent Controller was dismissed on February 24, 1965 by the Rent Control Tribunal. Delhi. The owners then filed on August 28, 1965 an application under S. 19 of the Slum Areas (Improvement and Clearance) Act. 1956 (for short called Slum Act) seeking permission of the Competent Authority to execute the order of ejectment. The Competent Authority by order dated September 1, 1966 refused permission to the owners to execute the order of eviction. The owners then filed an appeal under S. 20 of the Slum Act before the Appellate Authority. There is no dispute to these facts.

(3.) The appeal came up for hearing before Shri R. K. Baweja. Judicial Secretary, who was the Appellate Authority under the Slum Act. The statement of Shri Gobind Saran Jalani. S/o Lala Banwari Lal Karta Firm Appellant. M/s. Nannai Mal Janki Dass was recorded on oath. The statement is in Urdu and its free translation is :