SURINDER KALRA Vs. SARDAR SATBIR SINGH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed against the concurrent judgments of the courts below; of the Additional Rent Controller dated 13.4.2011 and the Rent Control Tribunal dated 19.4.2014; by which the eviction petition on the ground of subletting under Section 14(1)(b) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') filed by the petitioner/landlord has been dismissed.

(2.) Before touching upon the merits of the case, I must observe that there was a provision of second appeal viz Section 39 in the Delhi Rent Control Act, but, that provision of second appeal stands repealed by the Act 57 of 1988. Once there is no provision of second appeal, a petition under Article 227 of the Constitution of India cannot be filed as if it is a second appeal under a non-existing provision of Section 39 of the Delhi Rent Control Act. The second appeals which were filed under Section 39 of the Delhi Rent Control Act, in any case had to be only on a limited ground of existence of substantial questions of law and once that provision for limited filing of second appeal is removed, then a petition under Article 227 of the Constitution of India will have be read in a much more stricter manner, more so in the facts of the present case where concurrent judgments have been passed against the petitioner/landlord.

(3.) The facts of the case are that the respondent is a tenant in one shop in the ground floor of the premises bearing no.H-7-A, Model Town, Delhi-09. The respondent is a doctor and his wife Manpreet Kaur is also a doctor. The case of the petitioner/landlord with respect to subletting is two fold. Firstly, subletting was claimed because the tenanted premises were used by the wife Manpreet Kaur. The second ground for subletting was that the wife had entered into a partnership business with one Mr.Gurbir Singh, and they were carrying on business in the tenanted premises under the name and style of M/s Herb-e-Hayaat Overseas in partnership, and therefore there is subletting.