SARVARI BEGUM Vs. AKHTAR ALAM

JUDGEMENT

(1.) The order impugned before this court is the order dated 17.05.2000 passed by the Additional Rent Control Tribunal (ARCT); this order had reversed the finding of the Additional Rent Controller (ARC) dated 22.05.1982. Vide order dated 22.05.1982, the eviction petition filed by the landlord-Mr. Salim under Section 14(1)(b) of the Delhi Rent Control Act (DRCA) had been decreed. The impugned judgment had been reversed this finding; eviction petition had been dismissed.

(2.) Record shows that the landlord-Salim had filed an eviction petition against Zahirudin and Akhtar Alam premises in dispute are two shops bearing No. 1211 and 1212 Churiwala, Jama Masjid, Delhi (as depicted in red colour in the site plan filed in the Trial Court). Contention of the petitioner was that Zahirudin (hereinafter referred to as 'the tenant') had sub-let the premises to Akhtar Alam (hereinafter referred to as the 'sub-tenant') without the consent, oral or in writing of the landlord; the sub-tenant is now in possession of the premises; ground of sub-letting has accrued in favour of the landlord; eviction petition had accordingly been filed under the aforenoted provisions of law.

(3.) Written statement was filed by both the respondents separately. Contention of the tenant was that the sub-tenant was allowed to do his business temporarily from the disputed premises but thereafter he had refused to hand back the vacant possession of the suit premises to the respondent No. 1; in fact respondent No. 2 has not paid rent to respondent No. 1 for the lost more than two years.