DARSHAN SINGH Vs. RAMESH CHOPRA

JUDGEMENT

(1.) THIS is a revision petition filed under Section 25 -B(8) of the Delhi Rent Control Act, 1958(in short 'the Act') by the Petitioner for setting aside the order dated 05.03.2010 passed by the Rent Control Tribunal whereby it has upheld the eviction order dated 02.12.09 passed in E 16/09/04 by the Additional Rent Controller against the Petitioner here in in respect of the accommodation on the second floor of property No. 12 -A/39 W.E.A., Karol Bagh, New Delhi (herein after referred as the 'premises in dispute').

(2.) ACCORDING to the case of the Respondent, as pleaded in the eviction petition under Section 14(h) of the Act, the Petitioner was the tenant in respect of premises in dispute consisting of two rooms, one kitchen, one store, latrine and bathroom on the second floor and the same were let out for residential purposes and were being used as such by the Petitioner. It was further pleaded by the Respondent that his tenant(petitioner herein) had acquired possession of the premises No. 7/11, East Patel Nagar, New Delhi and that acquisition of his own residential house had made him liable to be evicted from the premises in dispute.

(3.) THE learned Additional Rent Controller vide order dated 02.12.09 allowed the eviction petition after rejecting the defence of the Petitioner herein that there was no relationship of landlord and tenant between him and the Petitioner before him(respondent herein) and also that the property acquired by him in East Patel Nagar was actually owned by his son though purchased in his own name. The Petitioner then filed an appeal before the Rent Control Tribunal which however dismissed the same vide impugned order dated 05.03.10. Hence, this revision petition.