LAWS(DLH)-2014-7-476

SUNITA CHAUHAN @ GAYATRI DEVI Vs. VIRENDER SINGH GUSAIN

Decided On July 23, 2014
Sunita Chauhan @ Gayatri Devi Appellant
V/S
Virender Singh Gusain Respondents

JUDGEMENT

(1.) The challenge by means of this petition under Article 227 of the Constitution of India is to the impugned judgment of the Additional Rent Control Tribunal (South), Saket, New Delhi dated 18.4.2013 by which the Additional Rent Control Tribunal in first appeal under Section 38 of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') set aside the judgment of the Rent Controller dated 26.5.2012 dismissing the eviction petition filed under Section 14(1)(h) of the Act. As per the provision of Section 14(1)(h), if a tenant acquires vacant physical possession of alternative accommodation, he loses protection of the Act and is liable to be evicted.

(2.) The Tribunal has arrived at a finding of existence of alternative accommodation on the basis that the tenant/petitioner herein had got a ration card showing her residence at the alternative premises being 48, DDA Flats, CSP, Safdarjung Enclave, New Delhi and once that was so, onus was upon the petitioner/tenant to show that she had not shifted to the other address. In fact, the petitioner was guilty of concealing the original ration card because the factum of issuing of ration card at the address of the alternative premises at 48, DDA Flats, CSP, Safdarjung Enclave, New Delhi was got proved by the landlord/respondent by means of summoning of the witnesses from the Government with the record of issuing of the ration card. For this purpose the officials were summoned from the Food and Supply Department of Government of NCT of Delhi as PW-2 and PW-3. DW1/1 is the copy of the ration card which was produced by the tenant herself, of course, without producing the original.

(3.) In view of the aforesaid, the Additional Rent Control Tribunal has given the following conclusions:-