( 1 ) THIS is an appeal under section 39 of the Delhi Rent Control Act, 1958, against the judgment of the Rent Control Tribunal Delhi, dated the 22nd October, 1964. Both the Courts below came to the conclusion that the appellant tenant had parted with possession of a. part of the premises in favour of Anand Sarup, his sister s husband and ordered his ejectment.

( 2 ) BRIEFLY stated the facts are that the appellant under rent note Exhibit A. 2 rented the premises in dispute being No. D-4, Kirti Nagar, Najafgarh Road, New Delhi, from Anand Sarup Landlord at a monthly rent of Rs. 300. 00 The landlord filed a petition for ejectment inter alia on the ground that the tenant had sublet, assigned or otherwise parted with the possession of a part of the premises in favour of Anand Sarup his sister s husband and Surinder Lal Chaudhri, his younger brother, without the consent of the landlord. In the written statement filed by the tenant it was stated that there was no unauthorised occupant in the premises in dispute and Surinder Lal Chaudhri, his brother, and Anand Sarup his brother-in-law, had been living there since the commencement of the tenancy. On these pleadings evidence wa