Delhi Court February 1969 Judgments

Prem Chand Vs. Nathu Ram Ram NaraIn (P) Ltd. and anr.

Court: Delhi

Reported in: ILR1969Delhi556

S.N. Andley, J.(1) This second appeal has been filed by the tenant against the order dated March 18, 1968 of the Rent Control Tribunal, Delhi, by which he upheld the order of eviction which had been passed by the Additional Rent Controller.(2) Respondent No. 1 had filed the petition for eviction on two grounds-(1) that the appellant had failed to pay the arrears of rent and (2) that the appellant had sublet the premises comprising of a shop to respondent No 2. The plea on the ground of non-payment of rent does nto survive as the arrears of rent were deposited in the trial court in accordance with the provisions of the Act.(3) In so far as the ground for subletting of the premises is concerned, both the Courts below have come to the conclusion that the appellant had sublet the premises to respondent No. 2. This being an appeal under section 39 of the Delhi Rent Control Act, 1958, it would be competent if it involves some substantial question of law.(4) The question whether a person is a...