ORDER

1. Leave granted.

2. This appeal has been filed by the landlord against the judgment and order of the High Court of Delhi in CM (M) No. 1574 of 2010. The High Court held that the respondent-tenant, Hakim Rai had not sub-let the premises to his son-in-law, Raj Kumar in pursuance of a partnership deed dated 20.05.1983 entered into between them.

3. Hakim Rai died and was substituted by respondent Nos.1 to 5 i.e. his widow and four daughters. The respondent No.1, Smt. Sumitra Devi, was deleted from the array of parties upon her death.

4. The landlord sought the eviction of the tenant on the ground that the tenant had sub-let the premises to his son-in-law in contravention of Section 14 of the Delhi Rent Control Act, 1958 (hereinafter referred to as ‘the Act’). The landlord had also sought eviction of the tenant on the ground of arrears of rent. As of now the only ground that survives is that of sub-letting the tenant having paid off the arrears according to law.

5. The tenancy was in respect of a Kirana shop at the monthly rent of Rs. 50/-. The tenant was an old and infirm man, incapable of running the business on his own. It has been found that the son-in-law sat in the shop and co