GURDAYAL MANGI Vs. ARVIND SHARMA

JUDGEMENT

(1.) By way of present petition under Article 227 of the Constitution of India, the petitioner has assailed an order dated 10th November 1998 whereby an appeal of the petitioner against an order passed by learned Additional Rent Controller (ARC) dated 12th May, 1998 was dismissed by Additional Rent Control Tribunal (ARCT).

(2.) Brief facts relevant for the purpose of deciding present petition are that the petitioner (deceased) Gurdayal Mangi was a tenant in respect of premises bearing number E-86, South Anarkali on a monthly rental of Rs.700/-. The premises in question consisted of two room, kitchen, latrine and bathroom. The tenancy was created by way of a written document dated 14th January, 1991. The respondent herein filed an eviction petition under Section 14(1) (a) (b) and (j) of Delhi Rent Control Act (DRC). The eviction petition was dismissed by learned ARC in respect of grounds under Section 14(1)(a) and (j), however, the eviction petition was allowed by learned ARC on the ground of subletting under Section 14(1)(b).

(3.) Before learned ARC the landlord (respondent herein) had taken the stand that out of the two rooms let out to the petitioner, the petitioner parted with possession of one of the rooms and let out the same to a sub tenant without his consent. The stand of the tenant (petitioner herein) on the other hand was that the room was given to respondent no.2 at the instance of landlord himself for a period of 2/3 months and thereafter the room was not vacated by respondent no.2. The respondent no.2 was a relative of the landlord and the suit was filed by the landlord in collusion with the respondent no.2.