PRITH PAL SINGH Vs. HIRA LAL

JUDGEMENT

(1.) This second appeal by the owner-landlord is directed against the judgment dated 1.6.1984 passed by the Rent Control Tribunal, Delhi whereby the appeal of the tenant was allowed and the eviction order passed against the tenant under clause (b) and (h) of sub-section (1) of section 14 of the Delhi Rent Control Act was set aside.

(2.) The appellant had sought eviction of the respondent on the grounds of sub-letting and acquiring alternate accommodation by the tenant. In defence, it was pleaded by the respondent that he was in possession of the property not as a tenant but in his own right. Reliance was placed on a receipt allegedly having been executed by one of the co-owners Ex. R.1. According to the said receipt, Swaran Singh one of the co-owners had agreed to sell the property to the respondent and one Aya Singh for a sum of Rs. 25,000.00 and had received Rs. 2000.00 as earnest money. In part performance of the contract, the possession of one room was delivered to the respondent. According to the receipt, possession of only one room was delivered to the respondent, however, it is not disputed that besides one room, the respondent is also in occupation of some other portion of the property.

(3.) The learned Addl. Rent Controller, on perusal of the entire evidence on record, held that the receipt Ex.R.1 was not genuine and he further held that the grounds under clauses (b) and (h) stood proved. Consequently he passed the eviction order.