JIWAN LAL SETH Vs. P N NAGPAL

JUDGEMENT

(1.) This second appeal is directed against the judgement and order of the Rent Control Tribunal, Delhi dated 1st February, 1973.

(2.) The facts in brief, are that the appellant took a room on the ground floor of premises No. A-430, Defence Colony, New Delhi on a monthly rental of Rs. 150.00 . He was running his business under the name and style of M/s. Seth Estates Agency therein. No lavatory, bath room or kitchen or any other facility was attached to this room. On 3rd June, 1963 arent note was executed which is Exhibit A-9 which mentions that the room has been taken for residential purposes. The landlord was one Girdhari Lal predecessor of the respondents.

(3.) Girdhari Lal filed an ejectment petition dated 27th December, 1965, against the appellant mainly on the ground of misuser etc. This was suit No. 43 of 1965. On 10th October, 1966 Girdhari Lal filed another petition for ejectment being suit No. 366/66. On 20th June, 1967, Girdhari Lal died. On 20th September, 1967, the said suit No. 366/66 was dismissed as having abated (Exhibit A5). On 3rd February, 1968 the ejectment petition i.e. suit No. 43 of 1965 was dismissed (Exhibit A6). This was dismissed by Shri P.K. Bahari, Additional Rent Controller on the preliminary objection that no valid notice had been served and the other questions were left open.