( 1 ) THIS is an appeal against the order of the Rent Control Tribunal dated July 29, 1972.

( 2 ) THESE are the facts. On March 19, 1969, the respondent landlord brought a petition for the eviction of the tenant appellant. The sole ground of eviction was that the tenant had sublet, assigned or parted with the possession of the premises to one Bhagwan Das respondent No. 2 without the written consent of the landlord after the commencement of the Delhi Rent Control Act, 1958 (the Act ).

( 3 ) THE Rent Controller dismissed the petition on the ground that the cause of action did not subsist on March 19, 1969 when the eviction petition was filed as the sub-tenant had vacated the premises in February 1967. Consequently, the Controller held that the landlord was not entitled to claim eviction.

( 4 ) THE landlord appealed to the Tribunal. The Tribunal took a view different from the Controler, It passed an order of eviction in favour of the landlord on the ground that once subletting had taken place the tenant was liable to eviction. In its view it did not matter that the sub tenancy had ceased to exist long before the filing of the eviction petition. The Tribunal followed a