AZAD SINGH Vs. MADAN LAL

JUDGEMENT

(1.) This petition is directed against the judgment dated 7.2.2003 of the Rent Control Tribunal in RCA No.152/2000 whereby the learned Tribunal has dismissed an appeal preferred against the order dated 27.1.2000 passed by the Rent Controller, Delhi vide which the learned Rent Controller allowed the objections of Madan Lal holding that the eviction order dated 1.5.1989 in petition No.E419/1988 passed against Ajay Kumar in respect of tenanted premises is not executable against Madan Lal, the respondent. The Tribunal also awarded a special cost of Rs.10,000/- to the respondent.

(2.) Brief facts of the case as noted by the Rent Control Tribunal are as follows:-

(3.) Counsel for the petitioner submits that Shri Madan Lal having witnessed the Rent Note between the petitioner and Ajay Kumar could not turn around and claim an independent tenancy. He also submits that even the rent that was sought to be deposited under Section 27 of the Delhi Rent Control Act was not accepted by the Controller and, therefore, it cannot be said that he had no right title or interest in the premises in question.