GOBIND PARSHAD JAGDISH PARSHAD Vs. HARI SHANKER

JUDGEMENT

(1.) The appellant firm filed an eviction petition against the respondents in the year 1972 under Section 14(1)(a) and (b) of the Delhi Rent Control Act, 1958 ( hereinafter to be referred to as, "the said Act" ) in respect of shops No. H-18 and 19, Gobind Mansion, Connaught Circus, New Delhi. It was stated that the shops had been let out to S/Shri Kundan Lal, Hari Shanker and Gaya Pershad @ Rs.147.37 per month inclusive of house-tax but apart from water and electricity charges. It was alleged that the said tenants being respondents No. 1 to 3 in the original petition had neither paid nor tendered rent for the period 01.11.1970 to 31.08.1972 despite service of demand notice on them. The tenants were also alleged to have unlawfully sub-let, assigned or parted with possession of different portions of the tenanted premises to original respondents No. 4 and 5, Shri Bishamber Dayal and Shri Sada Nand after 1962 without obtaining the written consent of the landlord. This fact, however, came to the knowledge of the landlord in March, 1971. Original respondent No. 4 was alleged to be running a business of pan seller and respondent No. 5 of chat and eatables. The statutory notice determining the contractual tenancy dated 06.09.1972 was stated to be duly served upon the tenants to which there was no reply.

(2.) The tenanted premises were originally stated to be given on rent to Shri Ram Charan Dass, brother of Shri Kundan Lal and one Shri Chabil Ram for running a restaurant in the year 1938. In 1940, Shri Chabil Ram left the business and Shri Kundan Lal joined Shri Ram Charan Dass. Shri Ram Charan Dass is stated to have passed away in September, 1952 and after his demise, his widow Smt. Lilawati continued the business. Shri Hari Shanker and Shri Gaya Pershad being the sons of Shri Kundal Lal joined the business. On the demise of Smt. Lilawati, the original respondents No. 1 to 3 continued to run their restaurant business.

(3.) The eviction petition was contested wherein it was alleged that Shri Hari Shanker, respondent No. 2 was the sole tenant. The devolution of tenancy has been explained inasmuch as the premises were let out originally to Shri Ram Charan Dass and Shri Chabil Ram and on dissolution of the partnership, Shri Ram Charan Dass became the sole tenant and the sole proprietor of the business. Shri Kundan Lal is stated never to have been inducted as a partner. After the death of Shri Ram Charan Dass, Smt. Lilawati became the sole tenant and Shri Kundan Lal was not a partner. Shri Hari Shanker is stated to be the adopted son of Smt. Lilawati and on her death, the tenancy rights devolved on him.