SURAJ BHAN Vs. BHARAT SINGH

JUDGEMENT

(1.) Present petition has been filed under Article 227 of the Constitution of India, praying for setting aside order dated 26th March, 2010 passed by Ms. Bimla Makin, District Judge-VIII, Rent Control Tribunal (for short as ,Tribunal) Delhi and in consequence thereof set aside orders dated 16th October, 2008, 8th September, 2008, 12th May, 2008 and 14th January, 2008 passed by Mr. Amit Kumar, Additional Rent Controller, Delhi and further to set aside order dated 8th May, 2008, passed by Sh. Chander Sekhar, Rent Control Tribunal.

(2.) The facts as apparent from the record of this case are that, respondent no. 1 Sh. Bharat Singh (Since deceased) and respondent no. 2 Sh. Kirpa Ram (Since deceased) filed an eviction petition on the grounds under Section 14 (1) (a), (c) and (j) of Delhi Rent Control Act, 1958 (for short as Act) stating that suit property i.e Shop no. 2081, on plot no. 16, Narela Mandi, Narela, Delhi, was let out to petitioner nos. 1 and 2 (since deceased ) at a monthly rent of Rs.66/10/ 9 and the same had not been paid by petitioner nos. 1 and 2 since 1st July, 1962 for which recovery suit was instituted against them. It was further alleged that rent from 1st July 1962 is due as on date of filing of this petition (2nd March, 1996).

(3.) It was also alleged that property was let out for commercial purposes but petitioner nos. 1 and 2 are using part of it for residential purposes which is detrimental to the respondents interest and petitioners have caused or permitted to cause substantial damage to the suit property.