LAWS(DLH)-1987-10-55

S. DAYAL SINGH Vs. SMT. PHOOLWATI

Decided On October 08, 1987
S. Dayal Singh Appellant
V/S
Smt. Phoolwati Respondents

JUDGEMENT

(1.) THIS appeal was directed against the order of the learned Rent Control Tribunal, Delhi, dated 2nd February, 1978 whereby the Rent Control Tribunal accepted the appeal of the respondents herein and held that no case of sub-letting or parting with possession has been proved against them and on that ground dismissed the eviction petition though it noticed that since the appellants before him had deposited the rent in accordance with Section 15(1) of the Delhi Rent Control Act, the petition for non-payment of rent was dismissed.

(2.) THE landlord has filed the present appeal assailing the finding of the learned Rent Control Tribunal and submitted that it is a case of sub-letting and/or parting with possession.

(3.) IN the written statement respondent No. 6, Bhagwan Dass, took that plea that he was the joint tenant with Jhangi Ram. Respondents 2 to 5 were minors and they defended the proceedings on the Stenographer of the Court being appointed as a Court guardian and through the Court guardian written statement was filed where the plea of sub-letting and/or parting with possession was denied. The minor children of Jhangi Ram, who became tenants by operation of law, did not take any plea that Bhagwan Dass was the joint tenant with their father.