Vaish Cooperative Adarsh Bank Ltd. vs Mis Suraj Balram Sawhney and Sons etc.

Prakash Narain, J.

(1) This second appeal is directed against the order of the Rent Control Tribunal dismissing the appeal filed by the appellant against the order of eviction on the ground of unauthorised Sub-letting passed by the Controller on a petition moved by respondent No.1 herein u/s 14 of Delhi Rent Control Act, 1958 against the appellant and the Vaish Co-operative Urban Bank limited. The allegations of respondent No. 1 herein (hereinafter called the landlord) was that it had let out its premises, ''Sawhney Sadan'' at P-B, Netaji Subhash Marg, Darya Ganj, Delhi to the Vaish Co-operative Urban Bank Limited (hereinafter called the tenant) on a monthly rent of Rs 150.00. It was alleged that the said tenant had sub-let, assigned or otherwise parted with the possession of the demised premises to the Vaish Co-operative Adarsh Bank Limited (hereinafter called the appellant) after 9th day of June, 1952 without obtaining the consent in writing of the landlord. Indeed the specific time when [his was done was stated in the petition to be since March, 1964. Notices dated 4th December, 1964 and 2nd September, 1964 were stated in the petition to have been sent by the land lord to the Assistant Registrar and the Registrar of Co-operative Societies, Delhi respectively. By the first notice a warning was given by the land-lord that no sub-letting should be done by the tenant and by the second communication the tenancy was terminated on account of unauthorisedly sub-letting, assigning or parting with the possession of the demised premises.