Judgement

SABYASACHI MUKHARJI, J.:- These appeals by special leave are from the judgment and order dated 28th of August, 1980 of the High Court of Delhi. Three appellants, Jai Bhagwan, Pearey Lal and Ganpat Ram, were inducted into premises No. 3240, Kucha Tara Chand, Daryaganj, Delhi by the then landlord, Shri Dina Nath. The families of the appellants consisted of about 7 or 8 members per family living in one room each on the ground floor of the said premises. Shri Pearey Lal, one of the appellants, had one side store room along with the room and Shri Jai Bhagwan had one small tin shed on the first floor. The appellants were also sharing the terrace.

2. In 1952 the land and building situated at No.A-6/25, at Krishna Nagar, Delhi was purchased by one Nathu Ram, father of the appellant Ganpat Ram and Pearey Lal together with the appellant Jai Bhagwan, his son-in-law. The building consisted of two rooms, two kitchens and a Barsati.

3. Three applications were made by the appellants under O. 41, R. 2 of C.P.C. on or about 4th of August, 1980. The High Court pronounced its judgment without disposing of these applications on or about 27th of August, 1980 and proceeded to hold against the appellants on the basis of an adverse inference that the three appellants had built the house in Krishna Nagar, whereas a copy of the sale deed would show that the said house was bought and not built by Nathu Ram and Jai Bhagwan, and were not by the two of the three appellants.

4. In 1958 Ganpat Ram was allotted a D.D.A. Quarter No. 3/7 at Village Seelampur, Shahdara. By a notification dated 28th May, 1966, Village Seelampur, Shahdara was declared to be an urban area. By Notification dated 27th March, 1979 issued under Sec. 1(2) of the Delhi Rent Act (hereinafter called the Act) this village was subjected to the provisions of the said Act. During 1967-68 one Mrs. Sushila Devi was inducted into the quarter at Seelampur, consisting of a room, a kitchen and a bath room. This lady had applied for the allotment of the said quarter in her name sometime in 1974. On 20th of July, 1980, the authorities, in fact, allotted the said quarter to her. In 1965-70 M/s. Dev Karan and Kul Bhushan being the sons of Pearey Lal had- been occupying the portion of the house at Krishna Nagar together with their family members and grandfather, Nathu Ram. Nathu Ram died in 1969. The other portion was occupied by one Kalu Ram and his family members being brother of Jai Bhagwan. There are 18 people residing at the relevant time in the said house. The present landlord, the respondent herein, purchased the suit premises from the erstwhile landlord, Dina Nath on or about 9th April, 1973. On or about 28th September, 1973, the present landlord applied to the competent authority under the Slum Act for permission to evict the appellants from the said premises. On 12th December, 1974 the competent authority under the. Slum Act granted permission to the landlord to proceed in eviction against the three appellants. On or about the 16th April, 1975, the respondent herein filed three eviction suits against the appellants on the grounds contained in Sec. 14(1)(a), (h) and (j) of the Act. On 31st January, 1977, it was held by the Additional Rent Controller, Delhi that the ground under Sec. 14(1)(h) was made out against all the three appellants. The ground under- Sec. 14(1)(a) was also upheld but the appellants were asked to deposit arrears of rent within a month from the date of the order so as to avail the benefit of Sec. 15(1) of the Rent Act which the appellants availed of. On or about 24th April, 1979, the Rent Control Tribunal confirmed the decree in ejectment on appeal under Sec. 14(1)(h) of the Act against the three appellants. On further appeal the High Court construed Sec. 14(1)(h) of the Act to mean that a building constructed by the tenant which is outside the purview of the Delhi Rent Act on the date of the application for ejectment, was yet within Sec. 14(1)(h) and the tenant was lia