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1989 Supreme(Del) 161

M.K.CHAWLA
KAILASH CHAND – Appellant
Versus
GANPAT RAI – Respondent


Advocates Appeared:
A.SALVAN, G.N.AGGARWAL, L.R.GUPTA

M. K. Chawla, J.

( 1 ) THE present appeal is directed against the Judgment of the Rent Control Tribunal, Delhi dated 17th March, 1981, whereby the appellant sub-tenant, has been allowed to be proceeded against for an action for his eviction from the premises situated in the slum area, as defined in the Slum Areas (Improvement and Clearance) Act, 1956 (hereinafter referred to as the Slum Areas Act) without seeking prior permission of the competent authority under Section 19 of the Act.

( 2 ) THE facts are not in dispute. Lala Ganpat Rai, respondent was a thekedar (contractor) of the entire house no. 4530, Daiwara, Nai Sarak, Delhi with the right to let and sub-let the whole or a part thereof to a third person. Kailash Chand, the appellant, was in occupation of a portion of the first floor of the said house as a sub-tenant at the rate of Rs. 20. 40 per mensem. Sometime back in the year 1972, Ganpat Rai filed an application under Section 19 of the Slum Areas Act, seeking permission from the Competent Authority to institute eviction proceedings against Kailash Chand. During the pendency of these proceedings, the original landlord filed a petition for eviction in the court of the Rent C





















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