GENERAL TRANSPORTERS Vs. PUNJAB AND SIND BANK

JUDGEMENT

(1.) THE impugned judgment is dated 15.01.2008 which was the judgment passed by the Additional Rent Control Tribunal (ARCT). THE ARCT had endorsed the judgment of the Additional Rent Controller (ARC) dated 25.08.2007 whereby the eviction petition filed by the landlord (Punjab & Sind Bank) under Section 14 (1)(a) & (k) of the Delhi Rent Control Act (DRCA) against the tenant i.e. (M/s General Transporter) had been decreed.

(2.) BRIEFLY stated the facts as revealed from the record are that the present petition has been filed by the landlord bank against the respondent firm; premises in dispute are a part of property bearing No. 5/1, Desh Bandhu Gupta Road, Pahar Gang, New Delhi. Contention of the landlord is that the tenant without the permission of the landlord is using the premises contrary to the condition imposed upon the predecessor in interest of the petitioner i.e. Delhi Development Authority (DDA); the DDA had leased out this property to the landlord; the user of the premises by the tenant was contrary to the terms of the lease which had been granted by the DDA in favour of the landlord; the DDA had temporarily condoned the misuse on payment of penalty of Rs.36,357.33 which amount also the tenant is liable to pay; the tenant is a regular defaulter in payment of rent and has not paid the amount from November, 1983 to February, 1986; this was inspite of notice of demand dated 28.02.1986 served upon the tenant. On the date of filing of the petition, the tenant was in arrears of rent w.e.f. November, 1983 to August, 1986.

(3.) FIVE witnesses have been examined on behalf of the landlord and one witness has been examined on behalf of the tenant.