KIMAT BALDEV CHHIBER Vs. DARYODH SINGH

JUDGEMENT

(1.) CM(M) 352/2004 is directed against the judgment and order dated of the Additional Rent Control Tribunal (for short 'the Tribunal) allowing RCA No. 893/2002 filed against the order dated 16.11.2002 passed by the Additional Rent Controller (for short 'the Controller) dismissing the petition under Section 14(1)(a) of the Delhi Rent Control Act (for short 'the Act').

(2.) Brief facts of the case, as have been noted by the Tribunal, are that :

(3.) It is argued by counsel for the petitioners that the learned Controllerl has mis-directed himself by holding that Daryodh Singh was not the landlord and consequently the petition not maintainable. He submits that the eviction petition was filed on behalf of Daryodh Singh as also by other legal representatives of the deceased, Manohar Kaur, and that Kulambir Singh appeared in court in support of the petition and further that there being no dispute between the petitioners in the eviction petition, the landlord can hardly make a grievance of Daryodh Singh not being entitled to maintain the petition. On the other hand, counsel for the respondent submits that Manohar Kaur in her lifetime had stated in previous proceedings that Daryodh Singh is not the landlord and that she was entitled to receive the rent and, therefore, the eviction petition filed by Daryodh Singh as landlord was not maintainable.