T P PALL Vs. S HARISIMRAN SINGH

JUDGEMENT

(1.) Order impugned before this Court is the order dated 20.08.2007 vide which the learned Additional Rent Control Tribunal (ARCT) had directed that the eviction petition filed by the landlord under Section 14 (1)(b) read with Section 14 (1)(j) of the Delhi Rent Control Act (DRCA) be remanded back to the Additional Rent Controller (ARC) with a direction to the ARC to record evidence of the respondent/tenant to establish that as to whether he is still in physical possession and control of the suit property with liberty to the landlord to lead evidence in rebuttal. This order remanding the case back to the trial court is the subject matter of challenge in the present petition.

(2.) Record shows that an eviction petition had been filed under Section 14 (1)(b) read with Section 14 (1)(j) of the DRCA. The case set up by the landlord was that the premises in dispute comprise of two portions i.e. half of which had been let out to Roop Chand Jewellers and second half in the tenancy of T.P. Pall; contention being that T.P. Pall had sub-let his portion of the premises to Roop Chand Jewellers and Roop Chand Jewellers is alone in occupation of the suit property and T.P. Pall had divested himself from the suit property; a case of sub-letting is made out.

(3.) Evidence had been led before the ARC. AW-1 was the landlord; in his cross-examination he has made certain categorical admissions which have been correctly appreciated by the ARC; they were to the effect that T.P. Pall is continuing to pay rent of his portion till date through cheque; the cheque in respect of other portion let out to Kriplani (Roop Chand Jewellers) is issued by them; the respondent (T.P. Pall) is carrying on the business in his name and style in his own portion; electricity connection in this portion and bills of electricity are also being issued in the name of T.P. Pall.