PRAKASH KAUR CHADHA Vs. SUDESH MEHTA

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India is filed by the petitioners/landlords impugning the judgment of the Additional Rent Control Tribunal dated 10.8.2011 by which the Additional Rent Control Tribunal/first appellate court has set aside the judgment of the Additional Rent Controller/Original Court dated 12.8.2008, and dismissed the eviction petition filed by the present petitioners on the ground of subletting under Section 14(1)(b) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act').

(2.) THE tenanted premises are one hall with latrine, bathroom and open space in the premises bearing no.74A, first floor, Rani Jhansi Road, New Delhi -55 as shown in red colour in the site plan annexed with the eviction petition. The suit/tenanted premises were admittedly let out to the respondent no.1 w.e.f 19.8.1977 at a monthly rent of Rs.1500/ - per month.

(3.) IN the written statement filed by the respondent no.1 on 31.1.2001, she specifically took up a case that she was not the tenant but the tenant was the company/respondent no.2 since May, 1988, inasmuch as rent was being paid by cheques of the respondent no.2/company to the petitioners/landlords. The petitioners in the replication denied that respondent no.2/company was a tenant and stated that the tenancy was of respondent no.1 but the rent was being paid by the respondent no.2/company for and on behalf of the respondent no.1.