RAJIV RAI JAIN Vs. PANDIT BROTHERS

JUDGEMENT

(1.) THE orders impugned before this court are the orders dated 30.08.2010 and 01.08.2008 passed by the Additional Rent Control Tribunal (ARCT) whereby the eviction petition filed by the landlord-Rajiv Rai Jain under Section 14(1)(b) of the Delhi Rent Control Act (DRCA) had been dismissed. THE ARC had decreed the petition under Section 14(1)(b) of the DRCA which had been reversed by the impugned orders.

(2.) RECORD shows that the present eviction petition has been filed by the landlord against his tenant M/s Pandit Brothers stated to be tenant in the disputed premises i.e. a part of the premises bearing No. 4596/5A/XI, Manoranjan Bhawan, Ansari Road, Daryaganj, New Delhi which comprise of two basements with lavatory situated in the aforenoted property. The eviction petition was filed under Section 14(1)(a) as also 14(1)(b) of the DRCA. On the ground of Section 14(1)(a), the ARC had given the benefit of Section 14(2) of the DRCA to the tenant which finding was endorsed by the RCT. This is not the subject matter of the present petition.

(3.) ORAL and documentary evidence was led; one witness was examined on behalf of the landlord and correspondingly one witness had come into the witness box on behalf of the respondent. AW1/the landlord had reiterated the averments made in the petition; he had on oath deposed that the premises have been parted to some third person whose details are not know and the premises are not in physical control of the respondent No.1. In his cross-examination, he has stated that he does not have any knowledge about the control and possession of the suit premises whether it is with respondent No. 1 or not; further statement being that he was informed by someone that respondent No. 1 was not using the premises; the said person was a labourer; further admission in his cross-examination being to the effect that it was not within his knowledge even the premises were being used by the respondent No.1. AW1 has also admitted that he has not seen the keys of the said premises with any other person.