M C D Vs. HARISH CHANDER

JUDGEMENT

(1.) This petition is directed against the judgment and order of the Additional Rent Control Tribunal, Karkardooma in RCA No.62/1997, whereby the learned Tribunal while appreciating the appeal from the judgment and order dated 5.8.1995 of the Rent Control Tribunal declining eviction on the ground of Section 14(1)(a) of the Delhi Rent Control Act (for short the Act) has held that respondent nos. 1 and 2 are landlords and are entitled to receive rent. The Tribunal has, therefore, passed an order giving benefit of Section 14(2) of the Act to the tenant.

(2.) Brief facts of the case as have been noted by the Additional Rent Controller are as follows:

(3.) It is contended by counsel for Municipal Corporation of Delhi that Shri.Tek Chand Setia had by way of gift on 24.7.1977 transferred the property in question to open and maintain Charitable Ayurvedic Dispensary and, therefore, the property having been gifted away in 1977, there was no question of a will dated 22.3.1980 having been set up by the first and second respondent.