B.R. GUPTA Vs. PAWAN KUMAR GUPTA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns an order dated 24.02.2012, whereby the Rent Control Tribunal (RCT) allowed the respondent's (tenant) appeal against an order dated 24.08.2011 of the Additional Rent Controller (ARC). Consequently, the RCT set aside the order impugned before it and afforded protection to the tenant from eviction under Section 14 (2) of the Delhi Rent Control Act, 1958 (Act). Background of the case

(2.) The facts giving rise to the present petition are that the petitioner (landlord) had sought eviction of the tenant from property no. 47, 1st Floor, Bunglow Road, Kamla Nagar, Delhi (tenanted premises) under Sections 14 (1) (a), (b), (d) & (h) of the Act. The tenanted premises had been let out to the tenant at a monthly rent of Rs. 500 excluding other charges. In his eviction petition, the landlord had averred that the tenant was a habitual defaulter in paying rent and was in arrears of even rent for the last more than three years; that the tenant failed to pay the arrears of rent even within two months from the service of legal notice dated 19.01.2004; that the tenant had sub-let/assigned/parted with possession of whole of the tenanted premises to one Mr. Ravinder Kumar without the landlord's written consent; that neither the tenant nor his family members had been residing at the tenanted premises for a period of six months prior to filing of the eviction petition; that the tenant had acquired vacant possession of an alternative residential property bearing No.14, Ashoka Palace, A-77, East Park Road, Opposite Ajmal Khan Park, Karol Bagh, New Delhi where he had been residing along with his family members.

(3.) Through his Written Statement (WS), the eviction petition was contested by the tenant, wherein he denied the allegation of nonpayment of rent but did not dispute "landlord-tenant" relationship.