AIR 1984 DELHI 14 ::(1983) 24 DLT 316 ::(1983) 5 DRJ 325 ::(1983) 2 RenCR 652 ::(1984) 1 RentLR 107 ::(1984) 86 Pun LR 39 ::(1984) 1 RenCJ 125

Delhi High Court

Hon'ble Judge(s): M. L. Jain , J

(A) Civil P.C. (5 of 1908) , S.100— Second appeal lies only where there is a substantial question of law involved - Father and son living in a portion - Question of subletting by one to the other - It is substantial question of law - Appeal, competent. @page-Del15 Delhi Rent Control Act (59 of 1958) , S.14(1), S.14 Proviso(b)— A second anneal to the High Court lies only on a substantial question of law and not where they are purely of facts even if they have been wrongly decided. The question concerning the subletting, assigning or parting with possession of the demised premises by the tenant father to his son both living together in the same premises and the nature of presumption that arises are substantial questions of law regarding which a second appeal to the High Court may lie, 1982 Rajdhani LR (Note) 35 and (B) Delhi Rent Control Act (59 of 1958) , S.14(1), S.14 Proviso(b)— Tenant father and son living is a premises -Viewed from the country's way of life absence of sub-letting should be presumed - Unequivocal facts are needed to displace it. Evidence Act (1 of 1872) , S.114— Although from the mere Relationship of father and son or their joint living messing etc., there could neither be a presumption that the son is in perm....