AJAY JAIN Vs. RAJAT SHARMA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution seeks assailing the judgment dated 5.6.2012 of District Judge-cum-Addl. Rent Control Tribunal (ARCT) whereby the appeal against the judgment dated 11.4.2012 of Addl. Rent Controller (ARC) was dismissed.

(2.) The petitioners are the tenants in respect of the suit premises. Their eviction was sought by the respondent Rajat Sharma by filing eviction petition before the ARC, which came to be allowed vide his judgment dated 11.4.2012. The petitioners carried the matter in appeal before the ARCT, which came to be dismissed vide the impugned judgment.

(3.) The petitioners are the joint tenants in the suit premises. They were inducted as tenants by late Manohar Lal Sharma, who expired on 27.10.2008. Earlier, he had instituted a petition under Section 14 (1)(a) of the Delhi Rent Control Act (for short the Act?) against the petitioners on the ground of non-payment? of rent in respect of the suit premises. In the said petition, an order under Section 15(1) of the Act was passed against the petitioners, which having been complied, benefit under Section 14(2) of the Act was given to them. The petitioners had taken that matter also in appeal, which ultimately, came to be dismissed. During the pendency of the said appeal, Manohar Lal Sharma expired and Vijay Kumar Sharma was substituted in his place, on the basis of registered Will executed by the deceased Manohar Lal Sharma in his favour.