MUNSHI RAM Vs. BHOJ RAM THRU LRS

JUDGEMENT

(1.) This petition has impugned the order dated 21.03.2005 passed by the Additional Rent Control Tribunal (ARCT) which had reversed the finding of the Additional Rent Controller (ARC) dated 01.07.1994.

(2.) Record shows that the present eviction petition has been filed by the landlord Bhoj Raj against his tenant Munshi Ram on the ground available to him under Section 14 (1)(b) of the Delhi Rent Control Act (DRCA); contention being that Munshi Ram had sub-let the premises to respondents No. 2 & 3 Om Prakash & Sri Niwas; premises in dispute is a shop bearing No. E-46/3, Hauz Khas, New Delhi. Oral and documentary evidence had been led. 13 witnesses had been examined on behalf of the landlord and five RWs had been recorded on behalf of the tenant. On the basis of oral and documentary evidence adduced before the ARC, the ARC vide his judgment and decree dated 01.07.1994 dismissed the petition of the landlord.

(3.) The matter went up in appeal before the ARCT who had endorsed this finding of the ARC vide judgment and decree dated 28.02.2002.