SUBHASH KHANNA Vs. CHATAR LAL

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioner assailed an order dated 4th November 2009 passed by learned Additional Rent Control Tribunal (ARCT), Delhi dismissing an appeal of petitioner against order dated 3rd March, 2008 of the learned Additional Rent Controller (ARC).

(2.) Brief facts relevant for the purpose of deciding this petition are that the respondent (landlord) filed an eviction petition against the petitioner/tenant under Section 14(1)(a) and (b) of Delhi Rent Control Act (DRC) on account of non-payment of rent and subletting. Non-payment of rent was established and an order under Section 15(1) was passed by learned ARC directing respondent to pay arrears of rent. There is no challenge to the order passed by learned ARCT in appeal concerning Section 14(1) (a) and Section 15(1) of the DRC Act. The eviction of the petitioner was upheld by learned ARCT on the ground of subletting of the premises to one Shri Hari. The challenge by this petition is to order of eviction on the ground of subletting.

(3.) The premises in question is a shop which was let out to the petitioner herein. The contention of the respondent was that the petitioner has sublet this shop to Hari (respondent no.2 before the trial court) who was carrying his business of golgappas, alloo chat, bhallas etc in the shop. This subletting was done without the consent of the respondent (landlord). The petitioner took the stand that Shri Hari was an employee of the petitioner and it was not a case of subletting.