JUDGMENT

Pradeep Nandrajog, J. The predecessor-in-interest of the appellant Shriram Pistons & Rings Ltd.; namely Delhi Cloth and General Mills Ltd., New Delhi was inducted as a tenant in flat bearing No.31-A, Himalaya House, 23 Kasturba Gandhi Marg, New Delhi in the early 1970s. The landlord was M/s.C.B.Agarwal HUF. Mr.C.B.Agarwal, Karta of M/s.C.B.Agarwal HUF died on 13.6.1973. There was a partial partition of the HUF. 2 co-parceners; namely Mr.Satish Chandra and Mr.Vinod Chandra separated and constituted their own Hindu undivided family. A letter dated 23.6.1973, Ex.PW-1/17, was addressed to Delhi Cloth and General Mills Ltd. on behalf of Mr.Satish Chandra HUF, Mr.Vinod Chandra Agarwala HUF and Dr.C.B.Agarwala HUF, requesting that the rent payable be bifurcated with one- sixth rent being paid in the name of Mr.Satish Chandra HUF; one-sixth rent being paid in the name of Mr.Vinod Chandra Agarwala HUF and the remaining 4/6th rent being paid in the name of Dr.C.B.Agarwala HUF.

2. The letter reads as under:-

"The above referred flat is owned by Dr.C.B.Agarwala HUF. Shri C.B.Agarwala died on 13th June, 1973. There has been a partial partition in the HUF. Shri Satish Chandra and Sh