JASWINDER PAL SINGH Vs. RAMINDER SINGH (TITOO)

JUDGEMENT

(1.) The impugned judgment is dated 06.01.2010 passed by the Additional Rent Control Tribunal (ARCT) dismissing the eviction petition filed by the landlord -Jaswinder Pal Singh under Ss. 14(1)(a) (b) & (j) of the Delhi Rent Control Act (DRCA).

(2.) Record shows that the landlord has filed the present eviction petition under Sec. 14(1)(a)(b) & (j) of the Delhi Rent Control Act (DRCA). The ARC had dismissed the petition under Sec. 14(1)(a) & (j) of the DRCA which has been endorsed by the impugned judgment which is not the subject matter of challenge before this court. The courts below had also dismissed the petition under Sec. 14(1)(b) of the DRCA which is the only subject matter of dispute before this court.

(3.) Record shows that the present eviction petition filed under Sec. 14(1)(b) of the DRCA contending that the tenant -Raminder Singh has sub -let these premises in favour of his brother Kuldeep Singh who is now in exclusive possession of the suit premises and is carrying on his business from there; further contention is that Raminder Singh is in fact an employee of M/s. Robin Motors at Shop No. 9/10, S -1, Ajay Enclave near Ajanta Cinema, Subhash Nagar, New Delhi. To support this stand the parties had examined their respective witnesses. The landlord had produced three witnesses; six witnesses had been produced on behalf of the tenant. Landlord (examined as AW3) has deposed that his tenant Raminder Singh does not sit in the shop anymore; this business is being run by his brother Kuldeep Singh. The tenant to dispute this submission had come into the witness box as RW3; he has admitted that his brother Kuldeep Singh is working alongwith him in the suit premises since the inception of his tenancy but the registration of the licence issued by the MCD for carrying on his business of sale of eggs continues in the name of the original tenant i.e. Raminder Singh; his further deposition was that his brother -in -law Joginder Singh Bajaj is the owner of M/s Robin Motors with whom he has no connection and he is not an employee in the said business.