SALEEMUDDIN Vs. SHARAFUDDIN

JUDGEMENT

(1.) This is a contempt petition under ss. II and 12 of the Contempt of Courts Act, 1971 (the Act). As far back as 1964, Sharafuddin and Shahabuddid made an application for ejectment of their tenant, Mohammed Din. from premises No. 7687, Ward No. XIV, Gali Takhat Wali Qasabpura, Delhi. The Additional Rent Controller passed an order of eviction on 18th August, 1967. The order of eviction was passed on the ground of bona fide requirement of the landlords. Mohammed Din did not file any appeal. So the order of eviction became final.

(2.) In 1968 the tenant Mohammed Din died leaving behind a widow, three sons and two daughters. In January, 1975 the widow also died. On 27th February, 1976, one of the tenant's son and daughter, namely, Saleemuddin and Mst. Ameequan, filed objections under ss. 3 and 4 of the Dehli Rent Control (Amendment) Act, 1976. They claimed that they were covered by the definition of the term 'tenant' and could not therefore be ejected in execution of the eviction order. On 26th March, 1976, the Additional Rent Controller dismissed their objections as not maintainable. As the decree of eviction was passed against Mohammed Din in his life time the right of tenancy could not devolve on his heirs. This in short was the answer to the objections.

(3.) Saleemuddin and Ameequan appealed to the Rent Control Tribunal. The Tribunal dismissed their appeal on 18th October, 1976.