The main companytention of the tenant was that there was numbersub letting or parting with the possession of the shop, that Hira Lal was a relative of the tenant who died some time prior to 1958, that Sri Bhagwan is the son of the tenant, and that the name of the business was given as M s Hira Lal Sri Bhagwan in memory of the deceased relative Hira Lal.
The second appeal filed by the tenant to the High Court was dismissed companyfirming the finding of the Rent Control Tribunal that the tenant had parted with possession of the tenanted shop.
A reply statement was filed by the land lord to the effect that though Sri Bhagwan was the natural son of the tenant Duli Chand, he had been given in adoption to Hira Lal, that on such adoption Sri Bhagwan had gone out of the family of the respondent and that it was a clear case of sub letting or parting with the possession of the shop.
From the Judgment and Order dated 30.3.1982 of the Delhi High Court in S.A.O. No.
Ram Panjwani and Vijay Panjwani for the Appellant.
361 Old No.
1810 of 1982.
Some other defences like the Respondent petitioner was number a landlord, that he had numberlocus standi to file the petition for eviction, and that the numberice of termination of tenancy was number valid, were taken in the written statement and they were overruled and do number survive for companysideration in this appeal.
He further pleaded that the possession of the shop is with the tenant.
The other witness was Upper Division Clerk in the Sales Tax Department and his evidence was that Sri Bhagwan was an assessee of the Department and as per the records in his office the fathers name of Sri Bhagwan was Hira Lal.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Avadh Behari Rohtagi and P.N. Gupta for the Respondent.
The Judgment of the Court was delivered by RAMASWAMI, J. The tenant is the appellant.
25 A Azadpur, G.T. Road, Delhi, on the ground that the tenant Duli Chand has sublet or parted with the possession of the said shop after 9th day of June, 1952 to M s Hira Lal Sri Bhagwan illegally and without the written companysent of the landlord.
The re spondent landlord filed a petition under section 14 1 b of the Delhi Rent Control Act, 1958 hereinafter referred to as the Act for an order of eviction of the appellant tenant for a shop bearing No.
204 of 1980.
