KISHAN CHAND CHOPRA (K C CHOPRA) Vs. SATYA PAUL CHADDHA AND ANR

JUDGEMENT

(1.) This is a tenant's second appeal against the order of the Rent Control Tribunal dated 24-1-1974 by which it allowed the eviction application of respondent No. 1 landlord under clause (e) of proviso to sub-section (1) of section 14 of the Delhi Rent Control Act, 1958 (hereinafter called the Act).

(2.) Respondent No. 1 filed eviction application against the appellant from the premises in dispute namely ground floor of property No. 4076, Gali No. 37 Rehgarpura, Karol Bagh, New Delhi. The eviction was sought on the ground that the premises had been let out for residential purpose to the appellant and were now required bonafide by the landlord for himself and the members of the family as be bad no other reasonably suitable accommodation. Eviction was also claimed on the ground that the appellant-tenant had without the previous written consent of the landlord sub-let, assigned or parted with possession of a portion of the premises to respondent No. 2, Jagdish Chander and further that the appellant also caused substantial damage to the property.

(3.) The appellant as well as respondent No. 2 resisted the application and denied that the premises had been sublet. It was stated that there was no subletting assignment and that both appellant and respondent No 2 were living jointly, having common mess in these premises for several years prior to the alleged purchase of the property by the respondent and prior to June 9, 1952, and that respondent No. 1 had full knowledge of the lawful occupation of respondant No. 2 and was estopped from claiming eviction on the ground of subletting. The allegation regarding the bonafide need by landlord was denied and so was the allegation of causing of damage to the premises.