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1989 Supreme(SC) 635

V.RAMASWAMI, L.M.SHARMA
Duli Chand – Appellant
Versus
Jagmender Dass – Respondent


Judgment

RAMASWAMI, J.-The tenant is the appellant. The respondent-landlord filed a petition under Section 14(1)(b) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) for an order of eviction of the appellant-tenant for a shop bearing No. 361 (old No. 25-A) Azadpur, G.T. Road, Delhi, on the ground that the tenant-Duli Chand has sub-let or parted with the possession of the said shop after June 9, 1952 to M/s Hira Lal Sri Bhagwan illegally and without the written consent of the landlord. The main contention of the tenant was that there was no sub-letting or parting with the possession of the shop, that Hira Lal was a relative of the tenant who died some time prior to 1958, that Sri Bhagwan is the son of the tenant, and that the name of the business was given as M/s Hira Lal Sri Bhagwan in memory of the deceased relative Hira Lal. He further pleaded that the possession of the shop is with the tenant. Some other defences like the respondent-petitioner was not a landlord, that he had no locus standi to file the petition for eviction, and that the notice of termination of tenancy was not valid, were taken in the written statement and they were overruled and do not su






















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