PARVATI DEVI Vs. TIBBIA COLLEGE BOARD

JUDGEMENT

(1.) THIS is a Letters Patent Appeal by Parvati Devi, a tenant of a quarter in the Tibbia College Hostel Compound. Karol Bagh, New Delhi, and is directed against the judgment of the learned Single Judge dismissing her civil writ petition under Article 226 of the Constitution of India, in which her prayer was that the order of respondent No. 2 (copy Annexure 'a') dated 6th of June 1964, be quashed.

(2.) THAT order was passed under Section 19 of the Slum Areas (Improvement and Clearance) Act, 1956 (Act No 96 of 1956 -- herein after to be referred to as the Act) on the application of the management of the Tibbia College Board, Delhi (respondent No. 1 and the only contesting respondent to the petition) for eviction of the petitioner-appellant That application (copy Annexure R-1) was under Sections 14 and 22 of the Delhi Rent Control Act, 1958 (Act No. 59 of 1958) There is no dispute about the facts, which as found by the learned single Judge, are as follows: Parvati Devi's husband Kamal Nain was a compounder in the hospital under the Tibbia College Board. He died on the 6th of June, 1959 and two days after his death the appellant made an application (copy Annexure R-4) for being allowed to work as an Aya for one or two months. She got a temporary appointment of an Aya and was allotted the quarter in dispute on the condition that if she did not continue in service she would have to vacate the quarter. This condition was accepted by her. Towards the end of December respondent No. 1 abolished the department in which the petitioner-appellant was temporarily employed and hence her appointment was cancelled and she was asked to vacate the quarter On her failing to do so, the Rent Controller was moved by an application under Sections 14 and 22 of the Delhi Rent Control Act, 1958 (copy annexure R-1) for her eviction and the grounds on which her eviction was sought were as follows:-

(3.) THAT she had sublet or parted with the possession of the premises without the knowledge or consent of the Board; and