Bhairon Sahai (D) Thr.Lrs. vs Bishamber Dayal (D) Thr.Lrs. .

2. Respondent No.1 became the tenant of a shop measuring 138 square feet in Karol Bagh, New Delhi after a family Digitally signed by NEETU KHAJURIA partition in the year 1963 on payment of a rent of Rs.54/- per Date: 2017.07.19 16:06:43 IST Reason: month. The Appellant purchased the premises from its 1 previous owner in the year 1974. The Appellant issued a notice terminating the tenancy on the ground that Respondent No.1 had parted with the possession of the premises without his consent and that he had caused substantial damage to the premises. In the Eviction Petition, the Appellant stated that Respondent No.1 had sub-let a part of the premises to Respondent No.2 who was running a ration shop. In the written statement, the Respondents denied the averments made in the Eviction Petition and stated that the ration shop was being run by Respondent No.1, though the licence was in the name of Respondent No.2. It was further stated that in a portion of the premises, Respondent No.1 was having a provision store for selling pulses, rice, tea, oil, ghee, etc. and the other portion was being utilized for a fair price shop. It was also stated that the entire premises was being used as a fair price shop after 01.10.1976 and that Respondent No.2 was taken as a partner by Respondent No.1 w.e.f. 01.01.1977. The Rent Controller held that Respondent No.2 was given a Food Grain Licence in March, 1964 in his own name and that Section 4 of the Delhi Rationing Order, 1964 prohibits any person other than the licensee from running the shop. After examining the provisions of the Delhi Rationing Order, 1964 and after drawing an adverse inference against Respondent No.1 for not producing 2 the relevant records, the Rent Controller held that Respondent No.1 was not running the fair price shop. The Rent Controller also held that Respondent No.2 was running his business as an Authorised Ration Distributor of a fair price shop in the premises. It was further held that Respondent No.1 parted with possession of the shop in favour of Respondent No.2 without the consent of the landlord. The Rent Controller decided the Eviction Petition in favour of the Appellant and directed the Respondents to hand over vacant peaceful possession of the shop to the Appellant within a period of two months.

3. The Rent Control Tribunal, Delhi on a re-appreciation of the evidence on record reversed the findings of the Rent Controller and concluded that it was Respondent No.1 and not Respondent No.2 who was carrying on the business of a fair price shop. The High Court confirmed the judgment of the Appellate Tribunal by holding that it had not been proved that Respondent No.2 was in exclusive possession of the suit premises.

12. In view of the above, the appeal is allowed on the ground of parting of possession by the tenant/Respondent No.1 in favour of Respondent No.2 without consent of the landlord. The Respondents are directed to vacate the premises within two months from today.

13. During the pendency of present appeal in this Court, there was a direction to the tenant to enhance the rent and deposit the same in this Court. We are informed that an amount of 9 Rs. 16,500/- is lying in the Registry. The Appellant is entitled to receive the same. I.A. No. 6 of 2016 filed by him for the said purpose is allowed.

........................................J [S. A. BOBDE] ..……................................J [L. NAGESWARA RAO] New Delhi, July 18, 2017 10