SYED AMIR ALI Vs. ANJUMAN E HAIDERI

JUDGEMENT

(1.) THE impugned judgment is dated 10.01.2002. This was a judgment passed by the Rent Control Tribunal (RCT) which had endorsed the findings of the Additional Rent Controller (ARC) dated 11.12.2001; eviction petition filed by Anjuman E Haideri (hereinafter referred to as the ,,landlord) against Yusuf Agha (hereinafter referred to as the ,,tenant) had been decreed. This was an eviction petition filed under Section 14 (1)(b), (d) & (h) of the Delhi Rent Control Act (DRCA).

(2.) RECORD shows that the landlord claims himself to be the owner of property bearing No. Bala Khan (Naqqar Khana) Main gate, Dargah Shaha Mardan Ali Ganj, New Delhi; two rooms with open courtyard on the first floor (Bala Khana) was let out to the tenant w.e.f. 01.10.1973 on the basis of rent note for residential purpose at a monthly rent of Rs.80/ - excluding electricity and water charges. The tenant had sub -let these premises in favour of respondent No. 1 (Syed Amir Ali) without the permission in writing or oral by the landlord; respondent No. 2 was taking illegal rent from respondent No. 1; the sub -tenant is now in complete control of the suit premises as the original tenant had shifted out and he has been allotted a residence at property bearing No. 45, Park End, Vikas Marg, Delhi.

(3.) ORAL and documentary evidence was led by the respective parties. One witness was examined on behalf of the landlord and correspondingly one witness on behalf of the tenant. On the basis of oral and documentary evidence, the ARC had decreed the eviction petition filed under Section 14 (1)(b), (d) & (h) of the DRCA. This finding was endorsed by the RCT.