ARJUN SINGH Vs. SARITA RATHORE

JUDGEMENT

(1.) THE present petition has been preferred under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure (CPC) challenging the order dated 10.03.2010 passed by ld. District Judge/ ARCT , wherein the eviction order dated 11.08.2009 passed by the ld. ARC was set aside.

(2.) THE petitioner had filed eviction petition no. E- 73/2008 against the respondent/tenant under Section 14 (1) (a) of the Delhi Rent Control Act (DRCA) in respect of first floor of house no. 17, Janta Flats, GTB Enclave, Nand Nagri, Delhi (suit property) on the ground that the premises were let out to the respondent/tenant at the rate of 1200/- p.m. in the year 1994 and he had not paid arrears of rent w.e.f. 01.01.1996 till the filing of eviction petition despite service of notice dated 07.07.2005. In the written statement filed on behalf of the tenant, it was alleged that he had taken the first floor as well as the second floor of the suit property on a monthly rent of Rs. 500/- p.m. on 05.01.1995, which was increased to Rs. 700/- p.m. on 01.01.1999. It was further alleged that the petitioner tried to dispossess the respondent/tenant and her family in February 1999 from the suit property and he was constrained to file a suit for permanent injunction against the petitioner, wherein the petitioner gave an undertaking that he will not dispossess him from the suit property without due process of law.

(3.) THE impugned order has been challenged by the petitioner/landlord on the ground that it is illegal and without application of mind and is liable to be set aside. It has been further submitted that the eviction order was rightly passed by the ld. trial Court due to non-payment of rent by the respondent.