Rajdev Singh S. v. M/s. Royal Studios - 1972 Supreme(Online)(Del) 9

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1972 Supreme(Online)(Del) 9

DELHI HIGH COURT
Judge, J
Rajdev Singh S. v. M/s. Royal Studios

Table of Content
1. failure to establish grounds for eviction. (Para 1 , 2)
2. re-examination of earlier dismissal of eviction. (Para 3 , 4)
3. constructive res judicata applicable. (Para 5 , 6 , 7)
4. merits of the case found against eviction. (Para 8)
5. sub-tenancy does not prevent eviction under certain conditions. (Para 9 , 10 , 11 , 12)
6. final dismissal of appeal. (Para 13)

1. The appellant landlord failed both before the Controller and in the first appeal before the Rent Control Tribunal to obtain an order of eviction against the respondents on the ground that the tenants Respondents 1 to 3 have sublet, assigned or otherwise parted with the possession of a part of the premises to Respondent No.4, their sub-tenant, within the meaning of proviso (b) to S.14(1) of the Delhi Rent Control Act, 1958 (hereinafter called the Act) which runs as follows: -
"(b) that the tenant has, on or after the 9th day of June, 1952, sublet, assigned or otherwise parted with the possession of the whole or any part of the premises without obtaining the consent in writing of the landlord".

2. The reasons why the application for eviction was dismissed by the Controller and the dismissal was upheld by the