SUNSTAR OVERSEAS LTD. Vs. PREM CHAND SHARMA

JUDGEMENT

(1.) BY way of the present petition under Article 227 of the Constitution of India, the petitioner has assailed order dated 11th October 2010 passed by the Additional Rent Control Tribunal dismissing the appeal of the petitioner against the order and judgment of the Additional Rent Controller dated 5th February 2010 whereby the eviction petition filed by the petitioner under Section 14(1)(i) of the Delhi Rent Control Act, 1958 (in short, called the "DRC Act") was dismissed.

(2.) THE respondent has filed written statement in which it is mentioned that there is no relationship of landlord and tenant between the parties. However, it was admitted in the written statement that the respondent took the suit premises on rent from Sh. Rakesh Aggarwal on 15th June, 1995 at a monthly rent of Rs. 500/ - only excluding electricity and water charges to be paid by the respondent directly to the concerned department. He had paid the rent to the landlord Sh. Rakesh Aggarwal, who is the Managing Director of the petitioner -Company, upto 14th December, 1997. He did not issue any rent receipt and thereafter the respondent deposited the rent in the court. As Rakesh Aggarwal tried to dispossess the respondent from the suit premises forcibly, the respondent had no option but to file a suit for permanent injunction against him, in which stay order was granted not to dispossess him without due process of law. Subsequently, the Company has filed the eviction petition though he was the tenant of Sh. Rakesh Aggarwal. It was admitted in the written statement that Sh. Rakesh Aggarwal is the Managing Director of the petitioner who let out the premises to respondent. He later on, in order to evict him, created a story with connivance of the petitioner about the leasing of the suit property in favour of the petitioner by manipulating the document, i.e. Ex. PW -2/1 of the suit premises.

(3.) IN the replication, it was specifically stated that Sh. Rakesh Aggarwal after purchasing the flat/premises in question let out the same to M/s. Sunstar Overseas Ltd. i.e. the petitioner with effect from 10th June, 1995. The respondent being in employment of the petitioner was given the premises in question for his residence and his family members and no rent was being charged from the respondent.