SURENDER SINGH Vs. KALA DEVI

JUDGEMENT

(1.) The present petition arises from the impugned judgment dated 18th August, 2012 whereby the learned Additional Rent Control Tribunal dismissed the appeal of the Petitioner against the order passed by the Additional Rent Controller dated 30th March, 2012 allowing the eviction petition of the Respondent under Clause (a) of the proviso to Sub-section (1) of Section 14 of the Delhi Rent Control Act, 1958 (in short 'DRC Act').

(2.) The Respondent filed an application for recovery of possession of a shop in property bearing No.43/3A/1, East Azad Nagar, Krishna Nagar, Delhi (in short 'the premises') against the Petitioner on the ground mentioned in Clause (a) of the Proviso to Sub-section (1) of Section 14 DRC Act. The Petitioner was paying rent for the said premises @Rs.400/- per month excluding other charges and last paid the rent upto 8th August, 1997. Despite legal demand notice dated 25th April, 1998 through Registered AD neither any reply was sent nor was the rent paid.

(3.) The stand of the Petitioner in the written statement was that there was no relationship of landlord-tenant between the Petitioner and the Respondent since the deceased husband of Kala Devi (since deceased) had received Rs.30,000/- while entering into an agreement on 8th August, 1998 having sold the premises in question to him. The documents in this regard were exhibited by the Petitioner herein as Ex.RW-1/1. Since the relationship of landlord-tenant had ceased the application was not maintainable and the Petitioner herein had already become the owner of the shop in question pursuant to the agreement dated 8th August, 1998.