VIJAY KUMAR GOEL Vs. SHIV CHARAN

JUDGEMENT

(1.) ORDER impugned before this Court is the order dated 09.09.1998 passed by the Additional Rent Control Tribunal (ARCT) which had reversed the finding of the Additional Rent Controller (ARC) dated 05.03.1991. Vide order dated 05.03.1991, the eviction petition filed by the landlord Vijay Kumar Goel seeking eviction of his tenant Shiv Charan on the ground under Section 14 (1)(b) of the Delhi Rent Control Act (hereinafter referred to as the 'DRCA') on the ground of sub-letting; contention being that the original tenant had parted with possession of the suit premises in favour of M/s Century Plastic had been decreed. The impugned judgment had reversed this finding; it had dismissed the eviction petition.

(2.) RECORD shows that the disputed premises comprise of first floor consisting of two big halls, glazed chajja abutting toward Gali Charkha Walan and a glazed verandah towards Chawri Bazar and a bath and WC forming part of premises No. 4027-28, Ward No. VI, Chawri Bazar, Delhi as depicted in red colour in the site plan filed in the trial Court. Contention of the landlord was that the tenant Shiv Charan had parted with possession of the suit premises in favour of M/s Century Plastic.

(3.) THE ARCT had reversed this finding. THE ARCT was of the view that although admittedly M/s Century Plastic had its board affixed on the tenanted premises and the tenant Shiv Charan had also admitted that the plastic material and goods were being stored in the suit premises; further the telephone connection was also in the name of Century Plastic but these facts in the instant scenario do not make out a case of subletting; it is not a case where the original tenant Shiv Charan has completely divested himself from the physical possession of the suit premises; the ARCT has noted that in the oral testimony of both AW-1 as also RW-1 it had come on record that the premises were being opened and closed by Shiv Charan; Shiv Charan was carrying out the business of commission agent; even presuming that M/s Century Plastic had stored its goods in the suit premises, it was only for the purpose of sale of the said goods by Shiv Charan who was acting as a commission agent of the business of his wife i.e. M/s Century Plastic.