COX AND KINGS AGENTS LIMITED Vs. CHANDER MALHOTRA

JUDGEMENT

(1.) This second appeal under Section 39 of the Delhi Rent Control Act (hereinafter referred to as 'the Act') has been brought against the judgment dated 5th August, 1985 ofShri M.A. Khan, Rent Control Tribunal, Delhi, by which be dismissed the appeal brought by the appellants against an eviction order dated 21st February, 1985 of Shri A.K. Garg, Additional Rent Controller, Delhi, made on the ground of eviction covered by clause (b) of Section 14(1) of the Act.

(2.) Smt. Jagdish Rani, previous owner/landlady, of the demised premises, which is a godown in property No. 3507, Rashid Manzil, Mori Gate, Delhi, had filed an eviction petition on the ground of eviction covered by clauses (c), (f) and (j) of Section 14(1) of the Act but later on during the pendency of the eviction case, the respondent had purchased this property and was substituted in place of Smt. Jagdish Rani, as petitioner and by amendment of the eviction petition the ground of eviction covered by clause (b) was set up and during the pendency of the eviction case other grounds of the eviction were given up.

(3.) Facts relevant to the ground of eviction covered by clause (b) in brief are-that admittedly the premises in question stood let out to M/s. Cox and Kings (Agent) Limited, appellant No. I, and case of the respondent/ landlady is that the premises had been sub-let, assigned and parted with possession without the written consent of the landlady in favour of the appellant No. 2, namely-M/s. Cox and Kings (India) Limited.