ASHA KAPOOR Vs. HARI OM SHARDA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against impugned judgment dated 6th April, 2010, passed by Additional Rent Control Tribunal (for short as 'Tribunal') Karkardooma Courts, Delhi allowing the eviction petition of the landlord-respondent herein, under Section 14(1)(h) of Delhi Control Act 1958 (for short as 'Act'). Petitioner has also prayed to confirm the judgment dated 30th March, 2009 passed by Additional Rent Controller (for short as 'Controller') Delhi, vide which eviction petition of the respondent, under Section 14(1)(h) of the Act was dismissed.

(2.) Brief facts are that, respondent filed an Eviction Petition under Section 14(1)(a), (j) and (h) of the Act against petitioner, inter alia on the allegations that he is landlord/owner of property bearing No. 1/6595, East Rohtas Nagar, Ludhiana Building, Shahdara, Delhi. Petitioner is a tenant in respect of two rooms, kitchen, open verandah and open courtyard at a monthly rent of Rs. 100/-. Premises were let out for residential purpose but petitioner is not residing in the premises and has shifted to property No. C-91, IIIrd Floor, West Gorakh Park Extn., Shahdara Delhi.

(3.) Petitioner in her written statement admits that she is a tenant in the premises in question. She denies that she is not residing in the suit premises. In fact, she is residing in suit premises along with her family, consisting of two married sons and grand children.