Judgment

SABYASACHI MUKHARJI, J. :- This is an appeal by special leave directed against the judgment and order of the High Court of Delhi dated the 21st September, 1973 in Second Appeal No. 294/72. The High Court dismissed the Second Appeal of the appellant and confirmed the decision of the Rent Control Tribunal and ordered eviction. Before the High Court three contentions were urged namely :

1. the petition for eviction was not maintainable in the absence of a notice to quit while determining the tenancy,

2. there was no subletting or parting of possession by the appellant- tenant in favour of R.C. Abrol & Company Pvt. Ltd., and

3. if there was such sub-letting, it had been made with the written consent of the landlord so was not actionable.

2. The Rent Control Tribunal confirmed the findings against the appellant in all the three contentions and the High Court also affirmed the findings of the Rent Control Tribunal. We must note that no contention was raised before us as far as point No. 1, namely notice was not served. The only contention before us was that there was no sub-letting or parting of the possession by the appellant-tenant in favour of R.C. Abrol & Company Pvt. Ltd. and se