K.P.RAMAKRISHNAN Vs. BHAGWAN DAS KALRA

JUDGEMENT

(1.) By way of the present petition under Article 227 of the Constitution of India, the petitioners have assailed order dated 10th February, 2012 passed by learned Appellate Court in an appeal filed by the petitioners against the eviction order dated 25th March, 2011 in respect of a shop bearing No. 32/1 (private no.1) forming part of property No. 32, East of Kailash, Community Centre, New Delhi (hereinafter referred to as the "tenanted shop").

(2.) An eviction petition was filed by the respondents against the petitioners on the grounds of non-payment of rent and subletting without the consent of the respondents under Section 14(1) (a) and (b) of the Delhi Rent Control Act, 1958 (hereinafter referred to as "the Act").

(3.) Brief admitted facts of the present matter are that the petitioners No. 1 and 2 were inducted as tenants in the year 1983 in respect of the tenanted shop at the rate of Rs.200/- per month. The rent was later increased to Rs.300/- per month. The petitioners No. 1 and 2 had gone to USA in the year 1989 and have been settled there ever since. During their absence, the tenanted shop had been in use, control and occupation of petitioner No.3. A notice demand dated 23rd March, 2006 was served on the petitioners No. 1 and 2 alleging failure of payment of rent in respect of the tenanted shop for more than 4 years. In a reply to the said demand notice petitioner No.3 claimed himself to be an attorney of petitioners No. 1 and 2, seeking to tender the rent.