IMPORTANT POINT
When a tenant parts possession of rented premises without consent of the landlord, he would be liable for eviction.

JUDGMENT

L. NAGESWARA RAO, J.

Leave granted.

The petition filed under Section 14 of the Delhi Rent Control Act, 1958 by the Appellant-Landlord for eviction of the Respondents was allowed by the Rent Controller. The Tribunal set aside the Judgment of the Rent Controller in the appeal filed by the Respondents. The second appeal filed by the Appellant was dismissed by the High Court of Delhi, aggrieved by which the Appellant has filed the present appeal.

2. Respondent No.1 became the tenant of a shop measuring 138 square feet in Karol Bagh, New Delhi after a family previous owner in the year 1974. The Appellant issued a notice terminating the tenancy on the ground that Respondent No.1 had parted with the possession of the premises without his consent and that he had caused substantial damage to the premises. In the Eviction Petition, the Appellant stated that Respondent No.1 had sub-let a part of the premises to Respondent No.2 who was running a ration shop. In the written statement, the Respondents denied the averments made in the Eviction Petition and stated that the ration shop was being run by Respondent No.1, though the licence was in the name of Respondent No.2. It was further stated that in a portion of the premises, Respondent No.1 was having a provision store for selling pulses, rice, tea, oil, ghee, etc. and the other portion was being utilized for a fair price shop. It was also stated that the entire premises was being used as a fair price shop after 01.10.1976 and that Respondent No.2 was taken as a partner by Respondent No.1 w.e.f. 01.01.1977. The Rent Controller held that Respondent No.2 was given a Food Grain Licence in March, 1964 in his own name and that Section 4 of the Delhi Rationing Order, 1964 prohibits any person other than the licensee from running the shop. After examining the provisions of the Delhi Rationing Order, 1964 and after drawing an adverse inference against Respondent No.1 for not producing partition in the year 1963 on payment of a rent of Rs.54/-per month. The Appellant purchased the premises from its the relevant records, the Rent Controller held that Respondent No.1 was not running the fair price shop. The Rent Controller also held that Respondent No.2 was running his business as an Authorised Ration Distributor of a fair price shop in the premises. It was further held that Respondent No.1 parted with possession of the shop in favour of Respondent No.2 without the consent of the landlord. The Rent Controller decided the Eviction Petition in favour of the Appellant and directed the Respondents to hand over vacant peaceful possession of the shop to the Appellant within a period of two months.

3. The Rent Control Tribunal, Delhi on a re-appreciation of the evidence on record reversed the findings of the Rent Controller and concluded that it was Respondent No.1 and not Respondent No.2 who was carrying on the business of a fair price shop. The High Court confirmed the judgment of the Appellate Tribunal by holding that it had not been proved that Respondent No.2 was in exclusive possession of the suit premises.

4. The point that arises for our consideration in this case is whether a landlord is entitled to seek eviction of the Respondents on the ground of parting with possession without his consent. Admittedly, Respondent No.1 is the tenant. A fair price shop is being run in a portion of the premises.

Respondent No.2 is the licensee of the fair price shop since 1964. A fair price shop under the Delhi Rationing Order is not transferable. It is the case of the Respondents that a portion of the premises was being utilized for running the fair price shop for which Respondent No.2 held the licence. The remaining portion of the premises was being used by Respondent No.1 for carrying on business of a provision store. Respondent No.1 entered into a partnership with Respondent No.2 in the year 1977. Undisputedly, all this was done without the consent of the Appellant.

5. Section 14 (1) (b) of the Act prov