NANAK CHAND Vs. TARA DEVI

JUDGEMENT

(1.) A suit was brought in the court of a Subordinate Judge, Delhi, by the plaintiff Shrimati Tara Devi as landlord of one of her flats in Darya Ganj against Nanak Chand for the recovery of Rs. 50/13/- as rent and for ejectment.

(2.) It is alleged that arrears of rent had not been paid, that the defendant had without the consent of the plaintiff assigned, sublet or otherwise parted with the possession of the whole of the premises in suit; that the premises were let out to the defendant for use as residence, but that neither the defendant nor any member of his family had been residing therein for a period of six months; that after the 24th of March, 1947, the defendant had been allotted quarter No. 12 of the Delhi Cloth Mills Quarters on Rohtak Road and had shifted into it and that the defendant was therefore liable to be ejected under sub-clauses (a), (b), (c), (d), (e) and (f) of sub-section (1) of Section 9 of the Delhi Rent Control Act, 1947.

(3.) This suit was brought in 1949. The defendant traversed the allegations of the plaintiff and pleaded that in or about 1942 the flat had been let out to the defendant and his younger brother Nanak Chand who formed a joint Hindu family with their younger brother Kahan Chand. The defendant denied that he had assigned, sublet or otherwise parted with the possession of the premises and denied that he or his family members had not been residing in the flat let out to them for a period of six months. It was not denied that a quarter had been allotted by the Delhi Cloth Mills to the defendant in July, 1948. It was, however, submitted that Manak Chand with his family and Kahan Chand had been residing in the flat as before. He submitted that he had moved into the quarter in August, 1948, but his children had been living with other members of the family in the said flat. The trial Judge framed a number of issues out of which the third, fourth and fifth issues were :-