DALAM CHAND Vs. M.C. SHARMA

JUDGEMENT

(1.) THIS judgment will also dispose of SAO No. 127 of 1979 as both these appeals arise out of a common judgment dated 22.1.1979 passed by the Rent Control Tribunal, Delhi. The short question which arises for decision in these appeals is as to whether Dalam Chand has surrendered his tenancy and the landlord has created the fresh tenancy in the premises in favour of Arun Kumar. The question is essentially one of fact and not liable to be interfered with in second appeal. Under Section 39(2) of the Delhi Control Act, a second appeal is maintainable only if it involves substantial question of law. All the same at the insistence of the learned counsel for the appellants I was taken through the entire record and I also heard the learned counsel for the parties at length.

(2.) THE respondent-landlord filed an eviction petition against the appellants on the ground that the premises in dispute were let to Dalam Chand at a monthly rental of Rs. 175/- w.e.f. 17.10.1966 and the tenant has sublet, assigned for otherwise parted with possession of the said premises in favour of Arun Kumar and his father Dayal Chand without his written consent and that the premises had been let out for godown purposes but they were being used for running a workshop which misuser has caused public nuisance and is otherwise detrimental to his interest.

(3.) DISSATISFIED with the aforesaid order passed by the Additional Rent Controller, the landlord filed an appeal before the Rent Control Tribunal. The Tribunal has considered the entire evidence on record and has come to the conclusion that there is nothing to show that Dalam Chand had surrendered tenancy and a fresh tenancy had been created in favour of Arun Kumar. Consequently, the appeal was allowed and the eviction order was passed.