BALQUIS JEHAN BEGUM Vs. SIBGHATULLA AND ANOTHER

JUDGEMENT

(1.) This is a landlord's appeal against the order dated September 1, 1965, of the Rent Control Tribunal, Delhi. The Tribunal dismissed theappeal which had been filed by the appellant against the order of the Additional Rent Controller dismissing her application for ejectment.

(2.) The appellant became the owner of the house in dispute situated in Baghichi Achheyjee, Bara Hindu Rao, Delhi, which she had purchased from Rabia Begum by a registered sale deed in June 30, 1961. A few days after the execution of the sale deed Rabia Begum also assigned her right to recover the arrears of rent by an assignment deed dated July 4, 1961 to the appellant. The tenancy premises comprised a portion of the said house consisting of one Balkhana along with a court-yard, latrine and kitchen.

(3.) The tenancy premises were held in the name of Sibghatulla (Respondent No. 1) even during the time when Rabia Begum aforesaid was the owner of the property and it was the name of respondent No. 1 which was mentioned in the aforesaid deed of assignment dated July 4, 1961. The appellant filed an application for ejectment against Sibghatulla (Respondent No. 1); Mohammad Shamim (Respondent No. 2); Mohammad Idrees (Respondent No. 3) and the aforesaid Rabia Begum (Respondent No. 4) for ejectment under clauses (a), (b) and (e) of the proviso to sub-section (1) of section 14 of the Delhi Rent Control Act, 1958, on the ground of non-payment of rent, subletting and personal bonafide requirement. The appellant's case on the ground of non-payment of rent was repelled as she bad not served on the tenants the statutory notice of demand. Her case for personal bonafide requirement was also repelled as she had filed the application for ejectment before the expiry of five years from her purchase of the said house. The only ground which survives here and which survived before the Rent Control Tribunal was the ground of subletting without the written consent of the appellant.