KB WATTS Vs. VIPIN KALRA

JUDGEMENT

(1.) Since the facts in the present petitions are common the petitions are being disposed of by a common order. Vipin Kalra became the owner of suit property No. II-D/33, Lajpat Nagar, New Delhi 110024 in the year 2003. In the said property Dr. K.B. Watts was a tenant in respect of one shop measuring 22 x 7-6" at a monthly rent of Rs. 330/- per month on the ground floor. Two eviction petitions were filed by Vipin Kalra one being Eviction petition No. E-96/09 on 5th August, 2004 under Section 14(1)(b) DRC Act and the other on 24th October, 2008 being eviction petition No. 97/09 under Section 14(1)(e) of the DRC Act.

(2.) The eviction petition under Section 14(1)(b) DRC Act was dismissed by the learned ARC vide its judgment dated 29th March, 2011 which was challenged by Vipin Kalra before the Rent Control Tribunal and was allowed in favour of Vipin Kalra vide the judgment dated 1st March, 2012. Hence Dr. K.B.Watts preferred CM(M)390/2012 against the order of the District Judge (South)-cum-Rent Control Tribunal dated 1st March, 2012 in Eviction Petition No. 96/09. Eviction petition No.97/09 filed by Vipin Kalra under Section 14(1)(e) was allowed in his favour vide the judgment dated 4th March, 2011 against which a review petition was filed before the learned ARC by Dr. K.B. Watts which was dismissed vide order dated 5th June, 2012. Hence the orders dated 4th March, 2011 and 5th June, 2012 passed by the learned ARC in Eviction petition No. 97/09 are challenged by Dr. K.B. Watts in RC.REV.329/2012. During the pendency of the present proceedings Dr. K.B. Watts passed away and his legal heirs have been brought on record.

(3.) In Eviction petition No. 96/09 Vipin Kalra stated that Dr. K.B. Watts had been running a dental clinic in the tenanted premises however now due to his old age, illness and paralytic attack he was not running the clinic and that the tenanted premises has been sublet, assigned or otherwise parted with by Dr. K.B. Watts to his son Mr. Ashok Watts and daughter-in-law Radhika Watts. It was further stated that the possession of the shop had been given by Dr. K.B. Watts to his son and daughter-in-law without the written consent of Vipin Kalra.