V. C. JAIN Vs. RADHA KISHAN PODDAR

JUDGEMENT

(1.) The present application has been filed on behalf of the respondents no.2 and 3 (landlords) for fixing the user and occupation charges in respect of the rented premises, Shop No.5179-A ad measuring 843 square feet (sq. ft.) located at Lahori Gate, Naya Bazar.

(2.) The facts relevant for deciding the present application are set out hereinafter. Shop No.5179-A (demised premises) was let out to the petitioner (tenant) at a monthly rent of Rs.300.00 vide lease deed dtd. 20/7/1990. On 2/4/1996, the landlords filed an eviction petition under Sec. 14(1)(a) of the Delhi Rent Control Act, 1958 (the Act). The Additional Rent Controller (ARC), vide judgment dtd. 23/5/2012, allowed the said eviction petition and the matter was put up for consideration of grant of the benefit under Sec. 14(2) of the Act to the tenant. The ARC vide order dtd. 28/7/2012 granted the benefit of Sec. 14(2) to the tenant. Both the landlords as well as the tenant filed appeals under Sec. 38 of the Act before the Rent Control Tribunal (Tribunal); the landlords, against the order dtd. 28/7/2012, and the tenant, against the judgment dtd. 23/5/2012.

(3.) By the impugned judgment dtd. 13/2/2020 passed by the Tribunal, the appeal filed by the landlords against the benefit granted under Sec. 14(2) of the Act to the tenant was allowed, and eviction order was passed against the tenant in respect of the demised premises. The appeal filed by the tenants against the judgment passed by the ARC on 23/5/2012 was dismissed.