NIADER MAL Vs. UGAR SAIN JAIN

JUDGEMENT

(1.) THIS civil revision under Section 35 of the Delhi and Ajmer Rent Control Act, 1952, is directed against the judgment of Senior Subordinate Judge dated september 26, 1960.

(2.) THE premises in question is situate in Deputy Ganj, Sadar Bazar, Delhi. The petitioner Niadar Mal is the landlord of the said premises and respondents Uggar sain and Padam Sain who are father and son respectively, are the joint tenants with respect to a part of the aforesaid premises. The petitioner landlord filed a suit for ejectment against the respondent-tenants mainly on three grounds- (

(3.) AFTER this compromise was entered into the petitioner alleges to have made an application, Exhibit P. 6, to the Municipal authorities to allow him to open the door from the road side but the permission was not granted. Upon the refusal of said permission the petitioner gave notice to the respondents intimating to them that the permission had been declined. The trial Court came to the conclusion that the ground of nuisance had been raised in the previous suit and decided against the landlord-petitioner and therefore operated as res judicata against him.