BHARAT INSULATION COMPANY Vs. SURAJ PARKASH

JUDGEMENT

(1.) This is a regular second appeal (rent) filed by the appellant against the judgment dated 06.02.2002 passed by the Additional Rent Control Tribunal in RCA No.883/1996 titled M/s Bharat Insulation Company Thane (State of Maharashtra) & Ors. vs. Dr.Suraj Prakash and Ors by virtue of which the learned Addl. Rent Control Tribunal ('ARCT' for short) has upheld the judgment of eviction dated 01.10.1996, passed Vide Order dated 30.04.2009 Ms. Shahnaz Parveen has been substituted as Respondent No.1, but no amended memo of parties is on record. against the appellant by the Addl. Rent Controller on the ground of subletting under Section 14 (1) (b) of the Delhi Rent Control Act.

(2.) Before dealing with the submissions made by the learned senior counsel for the appellant, it may be pertinent here to give brief admitted facts.

(3.) Appellant No.1- M/s.Bharat Insulation Company Thane is a firm of which Sh.Dulerai Ratilal Mehta, Sh.Vinod Dulerai Mehta, Sh.Mahendra Ratilal Mehta and Sh.Hasmukh Ratilal Mehta were the partners. Though they become partners of the firm on different dates but it was before taking the premises on rent. The tenanted premises consisted of a hall, a side room, rear terrace and front open space with separate toilet and WC on the ground floor of the property No.4653/201, Darya Ganj, Ansari Road, Delhi. The site plan of the tenanted premises was filed along with the eviction petition and the same was exhibited as AW1/36. The purpose of letting was non residential and the rent was Rs.925 per month.