PREM CHAND Vs. RAKESH GARG

JUDGEMENT

(1.) AGGRIEVED by the order dated 7th February, 2014 whereby the eviction petition filed by the respondent under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (in short the DRC Act) was allowed the petitioner prefers the present petition.

(2.) IN the eviction petition, the respondent stated that he was the owner/landlord of property bearing No.500/3 (in short the suit property) having purchased it from its original owner i.e. Amit Kumar vide registered sale deed dated 13th March, 2002. The petitioner was a tenant in respect of one shop on the ground floor of the said property (in short the tenanted premises). The tenanted premises were let out for commercial purpose and the petitioner was carrying on his business. The respondent was carrying on his business of selling sweets from shop bearing No.229 Bara Bazar, Shahdara in the name of Sona Confectionary. The respondent had three sons who required the shop in question for starting their own independent business.

(3.) IN the written statement though the petitioner disputed the landlord tenant relationship, however he did not disclose as to whom he was paying the rent after the expiry of his father though he admitted that his father was a tenant in the tenanted premises. Further the respondent in cross -examination stated that petitioner was depositing the rent in the Court in his name. The respondent claimed to be the owner of the property on the basis of the registered sale deed dated 13th March, 2002 which was not challenged by the petitioner. Hence the learned ARC rightly held that the relationship of landlord tenant stands proved. Before this Court the petitioner has not raised a challenge to the finding of the learned ARC on the landlord tenant relationship.