One such subletting was in favour of the appellant, Manphul Singh Sharma in April 1948 and another portion to Yog Raj Goswami in August 1956.
Both these lease deeds empowered the lessee S. Sardul Singh Caveeshar to sublet the whole or a part of the demise property.
The objection was overruled by a learned Single Judge of the High Court.
Ahmedi Begum died in February 1980, pending appeal.
She leased out the entire property to one S. Sardul Singh Caveeshar.
In the appeals filed by the appellant and Yog Raj Goswami both M.A. Khan as well as the Delhi Wakf Board came to be impleaded as legal representatives of Ahmedi Begum.
Ahmedi Begum filed a suit for recovery of arrears of rent and ejectment, after obtaining the necessary permission under the Slum Areas Improvement and Clearance Act of 1926.
The Appellate Bench held that there was numberlawful surrender in favour of Surinder Kumar Sharma.
Thereafter S. Sardul Singh Caveeshar called upon all the subtenants to attorn in favour of Surinder Kumar Sharma.
Therefore, he was number a lawful subtenant.
The lease was for a period of 5 years evidenced by registered lease deed dated 12 4 1948.
Aggrieved by this, appeals were preferred in EFA OS 7 of 1971 and 9 of 1972 by the appellant as well as Yog Raj Goswami.
That being so, the protection available under Section 18 of the 1958 Act, making a subtenant a statutory tenant was unavailable to him.
Those execution proceedings stood transferred to High Court.
The appellant and Yog Raj Goswami filed similar objections that the subletting in their favour was with the companysent of the landlady and Section 20 of the 1952 Act would enure to their benefit.
Similar objection of Yog Raj Goswami was also dismissed.
One A. Khan claimed that Ahmedi Begum had created a wakf and he was the Mutawalli.
The Judgment of the Court was delivered by MOHAN, J. The facts leading to the civil appeal are as under.
Questioning the companyrectness of this judgment the present appeal has been preferred.
That suit ended in a decree in favour of Ahmedi Begum.
The Delhi Wakf Board further instituted a suit for declaration that M.A. Khan had numberhing to do with the property number was he a Mutawalli.
On the companytrary, the property stood vested in the Board as wakf.
On 1 9 1956 the tenant S. Sardul Singh Caveeshar by a registered lease deed sublet the entirety of the property in favour of Surinder Kumar Sharma.
That, in turn, authorised Surinder Kumar Sharma to sublet.
One Ahmedi Begum was the owner of Dharampur Lodge situated near Clock Tower, Sabzi Mandi, Delhi.
His claim as negatived both by the learned Single Judge and the Division Bench of the High Court.
On expiry of the said lease another lease dated 3 4 1953 was executed for a further period of 5 years which was also duly registered.
Notwithstanding this finding, the appeals came to be dismissed by the impugned judgment dated 31 7 1981, on the only ground that under Section 17 of the Delhi Rent Control Act, 1958 hereinafter referred to as the 1958 Act , the appellant had number served numberice on the owner Ahmedi Begum.
