VINAY KUMAR GUPTA Vs. SMT. SATYA RANI

JUDGEMENT

(1.) THE petitioner has filed the above mentioned petition under Article 227 of the Constitution of India against the order dated 6th August, 2010 passed by the Rent Control Tribunal in Appeal No. 11/2010 arising from the order dated 19th January, 2010 passed by Additional Rent Controller. The brief facts of the matter are that the respondent is a senior citizen. She is a widow lady. She is the owner of the property bearing D -12, Krishna Nagar, Delhi. The respondent let out two rooms of the first floor of the said property to one Sh. Vineet Gupta, son of Sh. N.K. Gupta, 114, Gopal Park, Delhi. In this regard a rent agreement dated 8th March, 2001 was also executed between the respondent and Sh. Vineet Gupta by which the property was let out to him for a period of 11 months with effect from 10th March, 2001. Another rent agreement was executed between Sh. Satya Rani and Vineet Gupta by which the property was let out with effect from 1st April, 2002 for a period of 11 months.

(2.) THE petitioner herein Sh. Vinay Kumar Gupta filed a petition under Section 45 of Delhi Rent Control Act. In the petition, inter alia, the petitioner stated that the authority concerned disconnected the electricity supply and removed the meter for want of payment dues. The respondent filed her reply to the petitioner stating, inter alia, that there is no relationship of landlord and tenant between Vinay Kumar Gupta and the respondent as the property was let out to Vineet Gupta. The tenancy of Vineet Gupta was also terminated vide legal notice dated 23rd March, 2009 and suit for possession in this regard is pending. It was averred that the tenant Vineet Gupta parted with possession and sublet the premises to the petitioner without her consent. It was further stated that the said tenant i.e. Vineet Gupta had not paid the electricity bills and therefore the concerned authority had disconnected the electricity connection.

(3.) THE findings arrived by the Additional Rent Controller on the basis of material placed on record are as under: