DILIP KUMAR JAIN Vs. OM PRAKASH GUPTA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has assailed the order of the Rent Control Tribunal (RCT) dated 06.05.2005 which has confirmed the findings of the Additional Rent Control (ARC) dated 20.02.2001 whereby the eviction petition filed by the landlord namely Dilip Kumar Jain and others (being the legal heirs of J.L. Jain) had been dismissed under Section 14(1)(c) and 14(1)(j) of the Delhi Rent Control Act (DRCA).

(2.) The suit premises comprised of three shops numbered as shops No. 1205, 1206 & 1207 measuring 9" X 8- " , 9" X 9" & 9" X 8" respectively located in ward No. XVI, Pyare Lal Road, Karol Bagh, New Delhi. The rent for shops No. 1205 & 1206 was '5.05 per month excluding electricity; rent for shops No. 1207 was '5.06 per month excluding electricity. The tenancy was oral.

(3.) It is not in dispute that an earlier eviction petition bearing E.P. No. 430/1955 had been filed by the landlord under Section 14 (1)(e) of the DRCA which had been compromised on 20.11.1956. The eviction petition had been withdrawn and a decree of '133.08 as arrears of rent had been passed in favour of the landlord. Relevant would it be to extract this compromise which had been recorded by the Court of then learned Sub-Judge:- "The above suit for eviction on behalf of the petitioner be dismissed and a decree of '133.08 for the entire arrears be passed in favour of the petitioner and against the respondent. Regarding standard rent the parties have inquired and the present rent is correct and this is the standard rent. The respondent shall not use shop No. 1205 to 1206 for residential purposes. The total amount deposited be paid to the petitioner."