SURESH CHAND GUPTA Vs. M C D

JUDGEMENT

(1.) THREE fold relief sought in this petition is; firstly quashing of order of 12th September, 1988 whereby the lease of premises No.1629, Queen Road, Delhi (hereinafter referred to as the subject premises) was allegedly terminated; secondly, quashing of order of 22nd August, 1991 (Annexure-L Colly.) vide which in proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 petitioner's eviction from the subject premises has been ordered by the Estate Officer; and thirdly, quashing of the appellate order of 13th July, 2001 (Annexure -A) upholding the eviction order.

(2.) SHOW Cause Notice of 22nd July, 1988 (Annexure-E) was served upon the petitioner requiring removal of the sub-letting of a portion on the first floor of the subject premises and of stoppage of commercial use of part of the subject premises within seven days. In reply of 29th July, 1988 (Annexure-F), petitioner had disclosed that his relative-Pawan Kumar, the fourth respondent herein, was permitted to stay in one room on the first floor of the subject premises as a guest and that the petitioner is initiating legal proceedings to get the said Pawan Kumar evicted and that the subject premises were never used for any commercial activities whatsoever.

(3.) IMPUGNED order (Annexure-A) notes that the order of 12th September, 1988 terminating the lease of the petitioner in the subject premises was never challenged by the petitioner and while relying upon the Inspection Report of the subject premises, Eviction Order as well as order imposing damages for the misuse of the subject premises has been upheld.