RAGHUBIR SINGH Vs. KANWAR INDERJIT SINGH

JUDGEMENT

(1.) This petition has been filed by the petitioner challenging the order dated 03.12.2020 passed by the learned Rent Control Tribunal (West), Tis Hazari Courts, New Delhi (hereinafter referred to as learned RCT), dismissing the appeal filed by the petitioner, being RCT No.23/2018, and confirming the order dated 24.04.2018 passed by the learned Additional Rent Controller in Eviction Petition No.25647/2016, ordering eviction of the petitioner under Section 14(1)(a) and (b) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act ) from the tenanted premises bearing no. Z-39, West Patel Nagar, New Delhi.

(2.) The respondent had filed the abovementioned Eviction Petition against the petitioner claiming himself to be the owner of the tenanted premises. It was alleged that the same had been rented out to the petitioner herein at a monthly rent of Rs.132/- up to 30.04.2002 exclusive of electricity charges. The respondent alleged that as the petitioner was in arrears of payment of rent from 01.10.1999 to 30.04.2002, a legal notice dated 01.04.2002 was served upon the petitioner, in response whereto, the petitioner paid rent of Rs. 132/- per month alongwith interest. It was further alleged that the rent was enhanced to Rs.3,000/- per month with effect from 01.06.2002. As the petitioner again defaulted in payment of rent from 01.10.2002 to 28.02.2005, another legal notice dated 07.02.2005 was served upon him. In response to the legal notice, the petitioner tendered the rent for the abovementioned period at the enhanced rate of Rs.145.20/-, however, the same was not accepted by the respondent as it did not meet the demand of the respondent. The eviction petition was therefore, filed under Section 14(1)(a) of the Act.

(3.) The Eviction Petition was also filed under Section 14(1)(b) of the Act alleging therein that the petitioner had sublet and parted with the possession of the tenanted premises.