DHOOTAPAPESHWAR INDUSTRIES LTD Vs. ATMA RAM

JUDGEMENT

(1.) Order impugned before this Court is the order dated 16.11.2006 passed by learned ARCT (Additional Rent Control Tribunal) which had reversed the findings of the ARC (Additional Rent Controller) dated 12.07.2001.

(2.) Record shows that the present eviction petition has been filed by Atma Ram & others under Section 14 (1)(b) of the Delhi Rent Control Act (hereinafter referred to as the "DRCA?). The premises in dispute is property No.6517, Chand Bhawan, Plot No. 34-D, Ward No. XII, Kamla Nagar, Subzi Mandi, Delhi; tenancy was qua two rooms, one kitchen, one verandah, and balcony on the second floor of the said property as depicted in red colour in the site plan. Eviction petition had been preferred under Section 14(1)(a)(b) and (j) of the DRCA but for the purposes of decision of this petition, ground under Section 14(1)(b) is only relevant.

(3.) The case of the landlord was that respondent No. 1 M/s Dhootpapeshar Industries Ltd. (duly registered company) had sublet these premises to Ghandsham Das Chabra and this being a subletting/assignment/parting with possession of whole of the premises without the consent in writing of the landlord amounts to a valid ground for eviction under Section 14 (1)(b) of the DRCA.