SARDAR DALIP SINGH LOYAL Vs. JAGDISH SINGH

JUDGEMENT

(1.) Order impugned before this Court is the order dated 03.05.2005 passed by the Additional Rent Control Tribunal (ARCT) endorsing the finding of the Additional Rent Controller (ARC) dated 25.11.2003 whereby the eviction petition filed by the landlord namely Sardar Dalip Singh Loyal & Sons (HUF) against the tenant Jagdish Singh under Section 14(1)(b) of the Delhi Rent Control Act (DRCA) had been dismissed.

(2.) Record shows that the present eviction petition has been filed by the landlord against his tenant Jagdish Singh on the ground of having sub-let the disputed premises to respondent No. 2 namely Harbir Singh. The premises in dispute comprise of one room on the second floor of property bearing No. II/40/26 Dalip Singh Building, Delhi Cantt as depicted in the red colour in the site plan where the tenant had unauthorizedly constructed a kitchen, bath-room and a latrine; rent was Rs. 70/- per month excluding electricity and water charges. Contention of the landlord was that the tenant has parted with possession of the disputed premises in favour of Harbir Singh in the year 1988 without a written consent in writing of the landlord; eviction petition under Section 14 (1)(b) of the DRCA had accordingly been filed.

(3.) A common written statement had been filed by both the respondents; contention of the tenant Jagdish Singh was that he is continuously living in the premises; sometime the family of respondent No. 2 also comes to reside with him; he denied the submission that the premises have been sub-let in favour of the sub-tenant.