SH. HARNAM DASS LUTHRA Vs. USHA CHAUHAN

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution is directed against a judgment dtd. 1/12/2021 rendered by the learned Principal District and Sessions Judge (HQs) and Rent Control Tribunal(Central), Tis Hazari Courts, Delhi ["the Tribunal"] in RCT No. 02/2021. By the impugned judgment, the Tribunal has dismissed the appeal of the petitioner-appellant against the order of the Additional Rent Controller ["Trial Court"] dtd. 22/12/2020, allowing the eviction petition filed by the respondent-landlady under Sec. 14(1)(b) of the Delhi Rent Control Act, 1958 ["the Act"].

(2.) The eviction petition was filed both under Ss. 14(1)(a) and 14(1)(b) of the Act. By an order dtd. 27/11/2014, the petition was allowed under Sec. 14(1)(a) of the Act, but was dismissed under Sec. 14(1)(b). Against the aforesaid order, so far as Sec. 14(1)(b) of the Act was concerned, the landlady carried the matter to the Tribunal by way of RCT No. 30276/2016. The Tribunal allowed the appeal and remanded the matter to the Trial Court for a fresh decision in accordance with law, after giving the landlady an opportunity to produce evidence/documents.

(3.) The case of the landlady was that the suit property [Shop No. 29/9, Ground Floor, Shakti Nagar, New Delhi-110007] ["the property"] had been let to the petitioner in 1974 by her predecessor in interest. The monthly rent claimed by the landlady was Rs.96.80 per month, and it was averred that the petitioner neither paid nor tendered the agreed rent since 1/8/2003. After service of a legal notice dtd. 18/8/2009, the landlady alleged that the dues had not been cleared and also that the petitioner had sub-let the property to one Shri Kapil Luthra without her knowledge, consent or permission. Eviction was, therefore, sought both under Ss. 14(1)(a) and 14(1)(b) of the Act. The said Shri Kapil Luthra is the son of Shri Vir Bhan, who is the nephew of the petitioner herein.