S C KAPUR Vs. AMAR NATH

JUDGEMENT

(1.) This judgment will dispose of Regular Second Appeal No. 8-D of 1955 and Civil Revision No. 47-D of 1955 as they are directed against the same decree of the District Judge and the matter in dispute is the same.

(2.) On the Ist August, 1938 Amar Nath plaintiff gave a lease of the house in dispute along with the shops to S.C. Kapur, the defendant. The Act under which the suit was brought came into force on the 24th March, 1947. After the coming into force of the Act one of the shops fell vacant and Lachhman Singh who was a sub-tenant under Kapur of another shop took that shop in December, 1947 and the shop which was vacated by Lachhman Singh was taken possession of by the tenant, S.C. Kapur.

(3.) On the 11th August, 1949 the plaintiff Amar Nath brought a suit for ejectment basing his claim on several grounds, the trial Court dismissed the suit for ejectment but the prayer for arrears of rent was decreed. On appeal being taken the learned District Judge has decreed ejectment and the defendant has come up in appeal to this Court, and the only point in dispute in this appeal is whether the taking of the vacant shop by Lachhman Singh who was already a tenant of the entire shop amounts to subletting within the meaning of that word as used in section 9(1) (c) of the Delhi Rent Control Act, 1947. Section 9(1) (c) provides :-