NAZEER AHMAD Vs. NAZAR MOHAMMAD

JUDGEMENT

(1.) THE order impugned before this Court is the order of the Additional Rent Control Tribunal (ARCT) dated 01.7.2005 which had reversed the finding of the Additional Rent Controller (ARC) dated 19.10.2002. Vide order of the ARC dated 19.10.2002 the eviction petition filed by the landlord namely Nazeer Ahmad had been decreed under Section 14(1)(b), (d) and (h) of the Delhi Rent Control Act (hereinafter referred to as "the DRCA"). The ARCT had reversed this finding. The ARCT was of the view that the disputed property is a government property having been declared to be a evacuee property and under Section 3 of the DRCA it is excluded from the purview of the DRCA; eviction petition had been dismissed. This order is the subject matter of the present petition. 2. Record shows that the present eviction petition has been filed by landlord Bashir Ahmad son of Dost Mohd. Khan and father of Nazeer Ahmad. Premises in dispute is a portion of house No. 2805, Gali Tehsildar Wali, Pahari Bhojla, Bazar Sita Ram, Delhi; in the grounds of eviction it has been stated that the suit premises had been sublet and assigned by the tenant Nazar Mohd. in favour Mohd. Shahid; the tenant is not residing there since last six years; moreover he had already acquired another vacant possession of House No. 2789, Gali Jot Wali, Pahari, Bhohla, Delhi; eviction order under Section 14(1)(b), 14(1)(d) and 14(1)(h) of the DRCA had been prayed for.