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1979 Supreme(Del) 237

AVADH BEHARI ROHATGI
AMARJIT KAUR – Appellant
Versus
KISHAN CHAND – Respondent


Advocates Appeared:
D.L.Malhotra, G.N.AGGARWAL

A. B. Rohatgi, J.

( 1 ) THESE are two appeals by the tenant from the order of the Rent Control Tribunal dated July 27,1978.

( 2 ) THESE are the facts. The respondent landlord brought a petition for eviction of his tenant Bhagwan Singh from premises No. 116 and 126. Banarsi Dass Building, Gandhi Nagar, Delhi. The ground of ejectment was that the tenant Bhagwan Singh had sublet premises bearing No. 126 to Budh Singh, party respondent No. 2 in the eviction petition, without the consent in writing of the landlord. This is the ground covered by clause (b) of the proviso to sub-s. (1) of S. 14 of the Delhi Rent Control Act, 1958 (the Act ).

( 3 ) THE Additional Rent Controller passed an order of eviction on the ground of subletting. On appeal his judgment was affirmed by the Rent Control Tribunal. From the decision of the Tribunal the tenant has brought an appeal (S. A. O. 313 of 1978 ).

( 4 ) THE other appeal (SAO 312 of 1978) of the tenant is from a finding and not from an order. A question was raised for the first time in appeal before the Tribunal whether there were two separate tenancies, one in respect of premises No. 1 16 and the other of premises No. 126. The written statement wa


















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