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2001 Supreme(MP) 585

S.S.M.QUADRI, S.N.PHUKAN
Hem Chand – Appellant
Versus
Hari Kishan Rohtagi – Respondent


Advocates:
Ashok Grover for appellants; S.K. Bagga for respondents.

JUDGMENT

The dissatisfied landlord is in appeal by special leave against the judgment and order of the High Court of Delhi in Second Appeals Nos. 112-13 of 1979 dated 23.2.1996.

The appellants filed Suit No. E-384 of 1970 in the Court of Shri M.A. Khan, VIth Additional Rent Controller, Delhi seeking eviction of respondent 1 to 5 on three grounds; however, the only ground which survives is provided under clause (b) of sub-section (1) of section 14 of the Delhi Rent Control Act, 1958 (for short 'the Act'). The allegation of the appellants was that respondent 5 was inducted as sub-tenant without the written consent of the appellants and therefore respondents 1 to 4 who are the tenants should be evicted from the said premises. The respondents took the plea that the consent was obtained to sub-let the premises.

The learned Rent Controller, the Rent Tribunal and the High Court found that sub-letting in favour of the 5th respondent was without the consent of the appellants and ordered his eviction. However, the grievance of the appellants is that the other six sub-tenants are occupying various portions of the tenanted premises and therefore the Courts ought to have ordered evicti

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