SHAKUNTALA LALL Vs. SURAJ KALA JAIN

JUDGEMENT

(1.) THIS petition has impugned the order dated 21.08.2010 passed by the learned Rent Control Tribunal (RCT) which has endorsed the findings of the Additional Rent Controller (ARC) dated 15.07.2009 whereby the eviction petition filed by the landlady Shakuntala Lall under Section 14 (1)(b) of the Delhi Rent Control Act (DRCA) had been decreed.

(2.) RECORD shows that the present eviction petition has been filed under Section 14 (1)(b) of the DRCA; the landlady is Shakuntala Lall; the original tenant was Surji Ram Jain, thereafter after the death of Surji Ram Jain, Smt. Suraj Kala Jain becme the tenant being the wife of deceased Surji Ram Jain; contention is that Smt. Suraj Kala Jain has sub-let these premises to Ram Krishan Aggarwal and Subhash Jain; premises are bearing No. 65-B, Khan Market, New Delhi. The ground of eviction as contained in para 18 (b) of the eviction petition is the ground of sub-letting.

(3.) THE Additional Rent Controller vide order dated 05.08.2004 had decreed the petition of the landlady; he had noted that the partnership deeds executed between Suraj Kala Jain and Ram Krishan Gupta were sham documents; they were in fact a cloak to camouflage the rigors of Section 14 (1)(b) of the DRCA.