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1970 Supreme(Del) 246

P.N.KHANNA
ABDUL AZIZ – Appellant
Versus
MOHAMMND YAKUB – Respondent


Advocates Appeared:
Iqbal Krishan, M.L.BHARGAV, R.L.TANDON

P. N. Khanna,j.

( 1 ) THE respondent, Mohd. Yakub, is the owner of a house, bearing Municipal No. 958, situated injmohalla Kishan Gan ). Delhi. Abdul Aziz, the appellant, is the tenant in the said house. The respondent-landlord filed a petition for the appellant s eviction under proviso (b) to section 14 (1) of the Delhi Rent Control Act on the ground that the latter has sublet, assigned or otherwise parted with the possession of a part of the demised premises in favour of other persons without his consent. The Additional Controller dismissed the petition as he did not find the above allegations substantiated. The Rent Control Tribunal disagreed with the Additional Controller and held that Abdul Aziz and Habib Ahmed had been inducted by the appellants-tenant as sub-tenants in portions of the premises in dispute and that the possession of the said portions bad been parted with in their favour. He, therefore, ordered the appellant s eviction, Abdu) Aziz, the tenant has come up in second appeal to this court.

( 2 ). The learned counsel for the appellant pointed out that the Rent Control Tribunal based its conclusions on certified copies of two birth entries of two sons of Habib Ahmed





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