Judgement

BACHAWAT, J.:- This appeal arises out of a suit for ejectment instituted by a landlord against a tenant. It is common case that the suit is governed by the provisions of the Delhi and Ajmer Rent Control Act, 1952 (Act No. 38 of 1952) hereinafter referred to as the Act. The material provisions of Section 13 (1) of the Act are as follows:

"13. (1) Notwithstanding anything to the contrary contained in any other law or any contract, no decree or order for the recovery of possession of any premises shall be passed by any Court in favour of the landlord against any tenant (including a tenant whose tenancy is terminated) :

Provided that nothing in this sub-section shall apply to any suit or other proceeding for such recovery of possession if the Court is satisfied-

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(b) that the tenant without obtaining the consent of the landlord in writing has, after the commencement of this Act,-

(i) sub-let, assigned or otherwise parted with the possession of the whole or any part of the premises, or

(ii) used the premises for a purpose other than that for which they were let; or

(c) that the tenant without obtaining the consent of the landlord has before the commencement of this Act.-

(i) sub