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1979 Supreme(Del) 210

M.L.JAIN
GIRDHARI LAL – Appellant
Versus
ABDUL JALIL – Respondent


Advocates Appeared:
Lal Chand Vats

M. L. Jain, J.

( 1 ) THE facts of this second appeal and the cross-objection (C. M. P. 1497/78) are that Shri Abdul Jalil owns the house in dispute in Nai Sarak, Delhi. Girdhari Lal was a tenant in the first and second floors of the said house since 1954 but his tenancy was terminated in March 1973. and he was sought to be ejected on three grounds out of which only one that is of sub-letting had eventually survived. It was alleged that Girdhari Lal sublet the premises to one Hari Singh in the first floor and Kunj Behari Lal in the second floor. As regards Hari Singh, the learned Addl. Rent Controller held that he was not a sub-tenant but was only living with the tenant as a friend. And since Kunj Behari Lal stated that he had left the premises but joined again a sub-tenant of Girdhari Lal in 1953, it was held that he became a sub-tenant after June 9, 1952. This subletting being without any written permission of the landlord, an order for eviction was passed in favour of the landlord on August 28, 1975. The Rent Control Tribunal dismissed the appeal against it on April 4, 1978. Hence, this second appeal. A cross-objection was field by the respondent against the findings respecting t





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