MOOL CHAND GARG, J

1. This appeal has been filed by the appellant who claims to be the legal heir of Late Sh. Gurbax Singh, owner of Shop No.60, Gaffar Market, Karol Bagh, New Delhi, who claims to have let out an almirah shop fixed on the wall of shop No.60 Gaffar Market, Karol Bagh to one Gopal Kishan Wahi in September, 1966, and after the vacation of the same, on 01.09.1972 to let out the same to Sh. Mehar Singh at a monthly rent of `80/-. Relying upon the counter foils placed on record and rent deed alleged to have executed by Sh. Mehar Singh it was pleaded that Sh. Mehar Singh in his life time sub-let, assigned or otherwise parted with the possession of the suit property and after his death, the second respondent was in occupation thereof and, therefore, the possession of the suit property was parted with by the tenant without the permission of the landlord. It was also pleaded that Sh. Surjit Singh, who is the son of Sh. Mehar Singh sub-let the property to Sh. Sardul Singh, respondent No.2 which fact came to the notice of the landlord in January, 1982 who served notice dated 25.04.1982 in this regard. Later on, he filed eviction petition under Section 14(1)(a) & (b) of the DRC

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