3 W INTERNATIONAL Vs. ASHOK KUMAR SEHDEV

JUDGEMENT

(1.) THE impugned order is dated 18.02.2012. This order was passed by the Rent Control Tribunal (RCT) affirming the order of the Additional Rent Controller (ARC) dated 01.03.2011 vide which the eviction petition filed by the landlord namely Ashok Kumar Sehdev seeking eviction of this tenant i.e. M/s 3-W International from the demised premises i.e. shop bearing No. 149, DDA Cycle Market, Jhandewalan, New Delhi under Section 14 (1)(a)& (b) of the Delhi Rent Control Act (DRCA) had been decreed.

(2.) RECORD shows that the eviction petition had been filed by the landlord against the tenant on the aforenoted two provisions. Contention was that the respondent has sublet the premises to M/s Surya International, M/s J.K. Gum Industries as also to Mr. S. Sahni and had present sublet to M/s Convest Consultants Pvt. Ltd. Ground under Section 14 (109b) of the DRCA had been pleaded. Petition had also been filed under Section 14 (1)(a) of the DRCA; contention being that the tenant was in arrears of rent and inspite of last legal notice dated 01.11.1999 having served upon the tenant, he has failed to pay the arrears of rent; a notice under Section 6-A of the DRCA had also been issued on 10.12.1999 seeking enhancement of rent; rent not having being paid, the tenant was also liable to be evicted on the ground under Section 14 (1)(a) of the DRCA.

(3.) ONE witness was examined by the landlord namely Ashok Sehdev examined as AW-1 who had reiterated all these averments in the eviction petition on oath; he has on oath stated that the premises had been sublet by the tenant S.L. Sahni to one Mr. S.K.Sahni who is illegally occupying the premises and the tenant has parted with possession of the premises; having been sublet it to another firm; the fact that Mr. S.L. Sahni was doing business from this firm and that he had a telephone connection had been proved as Ex. AW-1/17; on oath it had also been reiterated that the portion of the premises had also been let out to M/s Surya International @ Rs. 3,000/- per month; it was categorically denied that M/s Surya International was the proprietorship concern of Mr. S.L. Sahni; on oath it had been reiterated that a portion of the premises had also been let out to M/s J.K. Gum Industries as also to M/s Pacific Aircon Pvt. Ltd. which is dealing in the sale and manufacturer of air-conditioners; pamphlet issued by the said business concern had been proved as Ex. AW-1/18. The deposition on oath was to the effect that the respondent had also sublet to another portion of the premises to M/s Convest Consultants Pvt. Ltd. and its director Mr.Dinesh Kapoor was using this premises; M/s Sitco Impex Pvt. Ltd. was also working from the aforenoted company; clear case of sub-letting is made out.