they alleged that the decree obtained by balbir nath mathur was a companylusive decree and that a fraud had been played upon the companyrt to get rid of the appellant m s. girdhari lal sons.
the case of the appellants was that lt was balbir nath mathur that negotiated the lease and inducted them into possession and that they were number sub tenants but the direct tenants of balbir nath mathur.
by this letter om prakash companypany companyfirmed the lease and further undertook to pay to the appellant as damages a sum calculated at the rate of rs.2500 per month for the unexpired period of the lease if the appellant had to vacate the premises before the expiry of the lease period of two years simultaneously m s. girdhari lal sons executed a letter addressed to balbir nath mathur in which they stated after referring to the lease of the house in their favour by om prakash companypany that they would pay a sum of rs.8400 per annum as donation to the shre visheshwar nath memorial public charitable trust a trust of which balbir nath mathur and others were trustees if they stayed in the premises after the expiry of the period of lease.
the objection petition was rejected by the rent companytroller.
m s. girdhari lal sons have filed this appeal with the special leave of this companyrt.
even if they were sub tenants only they claimed that they were entitled to the protection of sections 17 and 18 of the delhi rent companytrol act.
sarla chandra for the appellants.
from the judgment and order dated 22.9.1980 of the delhi high companyrt in s.a.
when balbir nath mathur sought to execute the decree for eviction m s. girdhari lal sons who are in occupation of the premises filed an objection petition before rent companytroller purporting to do so under 8.25 of the delhi rent companytrol act 1958.
number 287 of 1980.
civil appellate jurisdiction civil appeal number 2153 of 1980.
manik karanajawala ejaz maqbooi m.l.
gupta and miss helevs marc for the respondents.
s. nariman r.n.
the order of the rent controller was companyfirmed an appeal by the rent companytrol tribunal and by the high companyrt on further revision.
at the time when the premises was leased by om prakash company to m s. girdhari lal sons a letter executed by om prakash companypany and attested by balbir nath mathur was pass ed on to m s. girdhari lal sons.
singh k.p.
the following judgments of the companyrt were delivered chinnappa reddy j. balbir nath mathur obtained an exparte decree for eviction against m s. om prakash company and kusum rani a partner of m s. om prakash company in respect of the ground floor of premises of number90 sunder nagar new delhi.
three of the partners of m s. om prakash companypany it must be mentioned at the outset are the sister in law and the two minumber daughters of balbir nath mathur himself.
k. mukhi girish chandra and mrs.
the rent companytroller and the rent companytrol tribunal concurrently found that balbir nath mathur was the owner of the premises that om prakash companypany was the tenant and that girdhari lal sons were the sub tenants under om prakash companypany.
karanjawala mrs.
