K.K BALLI Vs. MEHARGHOOB HUSSAIN

JUDGEMENT

(1.) The present petition has been filed challenging the impugned judgment dated 29th August, 2017, by which the ld. District and Sessions Judge has allowed the appeal filed by Respondent No.2/Sub-Tenant - Sh. Liyaquat Hussain (hereinafter, "Respondent No.2") and set-aside the eviction order dated 6th June, 2015, passed by the ld. Civil Judge-cum-Rent Controller.

(2.) The background of this case is that the Petitioners/Landlords - Mr. K. K. Balli, Mr. Dinesh Sikka and Mr. Sanjay Kapoor (hereinafter, "Landlords") filed an eviction petition under Section 14(1)(a) and (b) of the Delhi Rent Control Act, 1958, in respect of Shop No.19, Ground Floor, IX/6932, Hanuman Market, Prem Gali, Gandhi Nagar, Delhi - 110031 (hereinafter, "suit property"), against Respondent Nos.1 and 2. The primary allegation in the petition was that Respondent No.1 was the main Tenant (hereinafter, "Respondent No.1") and Respondent No.2 was the Sub-Tenant and sub-letting was done behind the back of the Landlords.

(3.) The ld. Civil Judge-cum-Rent Controller, vide order dated 6th June, 2015, decreed the eviction petition on the ground of sub-letting. The said order was appealed by Respondent No.2 before the ld. District and Sessions Judge, who, vide the impugned judgment dated 29th August, 2017, set aside the said decree.