KEDAR NATH Vs. KISHAN THARU

JUDGEMENT

(1.) By present petition the petitioners have assailed an order dated 24th April, 2003 of learned Additional Rent Control Tribunal dismissing appeal of the petitioners against the order of Additional Rent Controller and confirming the eviction order passed by Additional Rent Controller under Section 14(1)(a), 14(1)(b) and 14(1)(j) of Delhi Rent Control Act.

(2.) The Eviction Petition was preferred by Shri Krishan (deceased) landlord against LRs of late Shri Inder Ram (tenant) and against present petitioners under Section 14(1)(b)(j) of DRC Act on following causes of action:

(3.) The Eviction Petition was contested by the present LRs of tenant on the ground that the Rent Controller had no jurisdiction since the premises let out was a plot of land and not a built up premises thus the premises did not fall within the definition of 'premises' as given in provisions of DRC Act; second that there was no sub-letting, assigning or parting with possession to anyone. Shri Inder Ram (deceased) had entered into separate partnerships with Kedar Nath and Mohd. Yasin and on his death the partnerships stood dissolved and tenant had filed a suit for mandatory injunction against Kedar Nath and Mohd. Yasin since they were not subtenants. The petitions were contested by alleged sub-tenants Kedar Nath and Mohd. Yasin whose LRs are present petitioners and they had taken stand that there was no relationship of landlord and tenant between Inder Ram and them. They had raised structures on the open land at their own cost and the rights of the landlord if any in the property had extinguished and they had become owners by adverse possession.