BALKISHAN SHARMA Vs. SURINDER AGGARWAL

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution assails the order dated 3.11.2010 of District Judge (East)-cum-ARCT, Karkardooma Courts, whereby he dismissed the appeal of the petitioner, directed against the orders of Addl. Rent Controller (ARC) dated 2.5.2009 & 9.7.2009.

(2.) THE petitioner had filed an eviction petition against the respondent under Section 14(1)(a) of the Delhi Rent Control Act (for short the 'Act'). Vide judgment dated 2.5.2009, the petition was disposed of by the ARC observing that the case under Section 14 (1)(a) of the Act stood proved against the respondent. However, vide order dated 9.7.2009, the ARC, on perusal of the report of Nazir, gave benefit of Section 14(2) of the Act to the respondent. The benefit of Section 14(2) was granted to the respondent, observing that as per the Nazir report, there was compliance of order under Section 15(1) of the Act, except on two occasions. The petitioner/landlord, not being satisfied, carried the matter in appeal before the ARCT vide RCA 30/2010, which came to be dismissed vide the impugned order dated 3.11.2010. This order is under challenge in the instant petition by the petitioner/landlord.