MOHD AZHAR Vs. TABREJ ALAM

JUDGEMENT

(1.) THIS petition is filed assailing the order dated 08.05.2012 whereby the appeal filed by the petitioner herein against the order of Additional Rent Controller dated 29.08.2011 was dismissed.

(2.) THE petitioner filed eviction petition against the respondent U/s 14 (1) (a) Delhi Rent Control Act (in short Act) against the respondent in respect of flat No. H-204, Taj Sartaj Group Cooperative Housing Society alleging that the respondent was his tenant in respect of suit premises @ Rs.3000/- per month and that he was irregular and habitual defaulter in payment of rent since 1.9.1999. A notice of demand dated 24.10.2007 was stated to have been served upon the respondent/tenant, but he did not pay the rent despite service.

(3.) THE main ground that has been pressed is that the rent of the suit premises was Rs.3000/- per month and not Rs.800/- per month . In this regard reference was sought to be made to the testimony of PW 2 examined before the learned ARC. This witness PW 2 claimed to be the honorary Secretary of the Society, but he produced nothing on record to show himself to be the Secretary of the Society. His testimony was not relied upon by the learned ARC as he did not know the number of the flat which he stated he was owning and had sold. He had only made a vague statement about the prevailing rent in the Society flats during the period when he was a member. The petitioner was claiming the rent of the premises being Rs.3000/- per month merely on the assumed market rent of the flats in the area, based on the testimony of PW2. He could not bring any evidence on record to substantiate the rent of the suit premises to be Rs.3000/- per month. So much so, even the respondent was not suggested the rent of the suit premises to be Rs.3000/- per month against his specific statement regarding the rent to be Rs.800/- per month. Both the courts below have recorded finding of fact regarding the rent of the said premises to be Rs.800/- per month and I do not seen any reason to interfere or disturb the finding of fact. I do not see any illegality or infirmity in the impugned order.