DEBRAJ WADHERA Vs. MOHAMMAD ASHRAF ALI

JUDGEMENT

(1.) This is an application for re-calling, modifying and/or rescinding the order dated April 6, 1992, passed by me. By the said judgment dated April 6, 1992, this Court after hearing the submissions of both the sides and after considering the decisions cited from the Bar, was pleased to dismiss the Second Appeal, treating that there was no substance in the Second Appeal, for which the present application has been filed, for re-consideration of the said judgment.

(2.) It appears from the said judgment, that this Court had noted the submissions of Mr. Sourendra Prasad Ghosh, learned Advocate for the tenant-appellant to the effect that "sub-letting" cannot be inferred, and that must be proved, as it has been observed by Supreme Court in the case of Messrs. Delhi Stationers & Printers v. Rajendra Kumar reported in AIR 1990 SC 1208.

(3.) It further appears from the said judgment that this Court did not follow the said latest judgment of the Supreme Court, but was inclined to follow the earlier judgment of Supreme Court, in the case of Bhairab Chandra Nandan v. Ranadhir Chandra Dutta, reported in 1988(1) Rent Control Journal, page 143.