AMRIK SINGH Vs. BALRAJ

JUDGEMENT

(1.) This petition under Article 227 of the Constitution seeks quashing of the order dated 1.6.2011 of the Rent Control Tribunal (RCT) in RCT No. 38/10 whereby the order of Sr.Civil Judge-cumRent Controller (Central) dated 12.8.2010 passed in Eviction Petition No. 4/2009, was set aside.

(2.) The petitioner had filed a petition for eviction against the respondents on the ground under Section 14(1)(a), (b) and (c) of the Delhi Rent Control Act (for short the 'Act'). The learned Rent Controller dismissed the grounds of eviction under clause (c) of Section 14(1) of the Act. So far as the ground under clause (a) is concerned, benefit of Section 14(2) of the Act was given to the respondent. With regard to clause (b), it was held that the petitioner has proved the respondent having sublet the suit shop to one Uttam Singh, and thus, he passed the eviction order against him under clause (b) of Section 14 (1) of the Act. The respondent/tenant carried the matter in appeal before the RCT on both the grounds i.e. under clause (a) as also clause (b) of Section 14(1) of the Act. The tenant however gave up his ground under clause (a) and confined the appeal to challenge the order of Rent Controller only on the ground under clause (b) of Section 14(1) of the Act. The Tribunal reversed the findings of the Rent Controller on this ground and held there to be no subletting and consequently, allowed the appeal, resulting in dismissal of the eviction petition of the petitioner. The said order of RCT is under challenge in the instant petition.

(3.) I have heard the petitioner in person and the learned counsel for the respondent.