NATIONAL DISTRIBUTOR COMPANY Vs. SANT LAL GODHA

JUDGEMENT

(1.) ORDER impugned before this Court is the order dated 21.09.2011 vide which the application filed by the tenant in a pending eviction petition under Section 14 (1)(e) of the Delhi Rent Control Act (hereinafter referred to as the ,,DRCA) had been dismissed.

(2.) RECORD shows that the present eviction petition has been filed by the landlord which was a trust M/s Santlal Godha & Sons Charity Trust through its three trustees under Section 14 (1)(e) of the DRCA. The grounds of eviction as contained in para 18-A reads herein as under:-

(3.) THE trust deed and object clause contained therein clearly show that this is a private trust and this deed is thus outside the purview of Section 22 and this has been rightly noted by the trial court in the impugned order. THE explanation of Section 22 is relevant; a private trust is outside the purview of Section 22. Unless and until a fact finding by a court below is perverse, the powers of this Court to interfere in review or a reasoned fact finding are curtailed. THE document i.e. trust deed had been correctly construed by the trial Court and held to be a private trust; provisions of Section 22 of the DRCA are clearly inapplicable.