SHANTI DEVI Vs. MOHINDER SINGH

JUDGEMENT

(1.) On 13-11-1948, the Assistant Rent Controller, Delhi, made an order under Clause 11-A (2) (iii) of the Delhi Rent Control Order, 1939, hereinafter referred to as the Order, directing Mohinder Singh tenant to put 'Shrimati' Shanti Devi landlord in possession of house No. 5764-05, Shanti Bhawan, 3, Darya Ganj, Delhi, on the finding that the tenant had without the consent of the landlord, sublet the entire house and used the house for a purpose other than that for which it was leased.

(2.) On 23-3-1948, Mohindar Singh instituted civil suit No. 219 of 1948 for declaration that Clause 11-A of the Order being 'ultra vires' the order passed by the Controller on 13-11-1946, was not binding on him. Shrimati Shanti Devi resisted the suit.

(3.) Finding that Clause 11-A of the Order was 'ultra vires' the Court of first instance decreed with costs civil suit No. 219 of 1948 on 6-7-1949.