(1.) This is an appeal against the dismissal of the objection filed by the appellant under Section 25 of the Delhi Rent Control Act, 1958 both by the Controller and the Rent Control Tribunal.
(2.) The premises belonged to the respondent, Marrium Bi, who secured an eviction order against her tenant Yash Pal on the grounds of non-payment of rent and illegal subletting. When decree-holder tried to execute the decree for possession, the present appellant, Tara Chand, filed an objection petition under Section 25 of the Delhi Rent Control Act, 1958, pleading that he was a sub-tenant of Yash Pal from before 9th June, 1952. He also said that he was in possession of his right, apparently because he thought that his being a lawful sub-tenant from before 9th June, 1952 gave him an independent right to remain in possession. The objection was dismissed by the Controller on the ground that the appellant was not in possession from before 9th June, 1952 and also on the ground that even if he is assumed to be a sub-tenant from before 91h June, 1952, he was not entitled to become a tenant of Marrium Bi on the eviction of Yash Pal under Section 18(1) of the Act, inasmuch as he had got given a notice of sub-tenancy to the landlord as required by Section 17(2) of the Act. The Rent Control Tribunal dismissed the first appeal against the order of the Controller without calling for the record of the proceedings before the Rent Controller on the ground that even if all the facts pleaded by the objector were assumed to be true even then the objector was not entitled to any protection of Section 18(1), inasmuch as he had not given a notice of sub-tenancy to the landlord under Section 17(2).
(3.) The appellant urged two main grounds in this second appeal, viz. (1) that the lower Appellate Court did not grant him a proper hearing as required by Section 37 of the Act, inasmuch as he was not given an opportunity to show from the evidence recorded by the Controller that he was in possession as a sub-tenant from before 9-6-1952 and (2) That he was not liable to be evicted by the landlord.