M/S THE DELHI CLOTH AND GENERAL MILLS CO. LTD, BARA HINDU RAO, DELHI Vs. PT. KESAR NATH DAVE

JUDGEMENT

(1.) The Delhi Cloth & General Mills Company limited, who is the tenant of the premises bearing Nos. 5498 to 5506 and 5508 in Ward No. VI, Moti Katra, Nai Sarak, Delhi, is aggrieved by the order of the Rent Control Tribunal accepting the appeal preferred by the landlord against the order of the Additional Rent Controller dismissing the landlords application for eviction. Eviction was sought on the ground which is alone maintained now, that the premises had been sublet to various persons without the consent in writing of the landlord. Though the subletting itself was admitted by the appellant (tenant) it was stated that the subletting had taken place prior to 31st July, 1952.

(2.) It is common ground that the premises were leased for the first time on 4th Feb., 1937 under AW3/2 for a period of five years at Rs. 222.00 per month. There was a second lease on 5th Jan., 1942 under Ex. AW 3/4 for a period of three years with an option to extend the lease for two years, the rent being Rs. 254.72 per month. The tenant continued in possession even after the initial period of three years. There was a third lease dated 31st July, 1947 (Ex. A. W. 3/4) for a period of three years with an option to renew for a period of two years, the rent per month being Rs. 426.50 paise. Subsequently the rent was revised to Rs. 472.56 by mutual consent though there was no subsequent lease deed after A. W. 3/4. A right to sublet had been granted under the written leases.

(3.) The defences to the said application were that the tenancy had not been determined and that the tenant continued the tenancy on the same terms and conditions (as under Ex. A. W. 3/4) which included a right to sublet the premises; alternatively, it was stated that the tenant was holding over.