LAWS(DLH)-1978-12-2

KHURSHID HAIDER Vs. ZUBEDA BEGUM

Decided On December 15, 1978
KHARSHID HAIDER Appellant
V/S
ZUBEDA BEGUM Respondents

JUDGEMENT

(1.) Mst. Zubeda Begum is the widow of K. B.Mirza Hamid Ali Khan. On 13-2-1968, she brought a petition for the ejectment of her tenant Khurshid Haider. She also joined the sub-tenants, Mushayab Hussain and Mehtab Hussain. She claimed ejectment on two grounds. One was that the tenant had sublet, assigned or othetwise parted with the possession of the ground floor without her coirsent or her predecessor's consent in writing. The second ground was that she required the premises bone fide for residence for herself and the members of her family dependent on her. She alieged that she was living in a rented premises which were insufficient for her requirements. ,

(2.) The rent Controller Mrs. S. Duggal by order dated 25.3.71 passed an order of eviction on the ground of bonafide requirement. The ground of sub etting was decided against her. Against order of eviction tenant appealed. The Rent Control Tribunal by order of 11.10.72 dismissed the appeal. The tenant has now brought this second appeal under S. 39 of the Delhi Rent Control Act 1958 (the Act).

(3.) Mr. R. L. Tandon on behalf of the tenant has taken a large number of grounds With regard to all of them it will be proper to observe at the very out set that they are largely grounds of fact in regard to which judgment of the authorities below has become final. An appeal to this court u/s 39 of the Act lies only on "a substantial question of law". In one of the grounds urged before me Mr. Tandon has not been able to show that any substantiai question of law is involved.