Judgment

PALEKAR, J. :- This is an appeal by special leave from an order passed by the single Judge of the High Court of Delhi in second appeal under Section 39 of the Delhi Rent Control Act, No. 59 of 1958.

2. On or about September 10, 1959 the respondent landlord let out the premises in suit to the appellant on a rent of Rs. 125/- per month. The premises consisted of a shown. On 1-9-1962 the respondent applied under Section 14 of the above Act to the Rent Controller, Delhi for evicting the appellant on the ground that she had sub-let the entire premises to one Sohan Singh who, according to the respondent, was running a business under the name of Royal Dispensing Chemist of Druggist in the shop. It was further alleged that the appellant was charging a fabulous amount as rent from her sub-tenant Sohan Singh. The appellant in her written statement admitted the tenancy but denied sub-letting. She alleged that Sohan Singh was her husband and from the time of the lease the business of a Chemist was being run there in the premises by her husband and she also occasionally helped him in the running of the business.

3. The Rent Controller was of the view that the appellant was the legally wed