KULWANT RAI JAIN Vs. BANWARI LAL
HIGH COURT OF DELHI
KULWANT RAI JAIN
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M. L. Jain, J. -
(1.)Kulwant Rai appellant is the landlord. Ratanlal was the tenant. His son is Banwarilal. The premises' in dispute are two. shops. The tenancy commenced in July, 1955.
(2.)The landlord filed an eviction application on the ground that
(1) Ratanlal sublet, assigned or otherwise parted with possession in favour of his son Banwarilal in respect of one shop',
(2) Bona fide requirement of the premises for rebuilding.
(3.)The Additional Controller dismissed the application on 19-12-1973. Ratanlal then died. The landlord filed an appeal against his legal representatives including Banwarilal. The learned Tribunal dismissed the appeal on 31-8-1977. It upheld the findings that the grounds of eviction were not made out. It was also urged before it that since the tenancy rights in premises let out for non-residential purposes did not pass on to the successors of the statutory tenant after his death, eviction order be passed against the legal representatives. The appellant relied upon J. C. Chatterji v. Sri Kishan Tandon, AIR 1972 SC 2526. The learned Tribunal rejected this contention in view of Kedarnath v. Prem Nath, 1973 RLR701. Hence, this second appeal.
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