SHEILA LALL Vs. RENT CONTROL TRIBUNAL

JUDGEMENT

(1.) Order passed by Shri K.S. Gupta, Rent Control Tribunal, Delhi on 17.8.1992 allowing the appeal of the respondent thereby setting aside an order passed on 30.1.1992 by Shri K.S. Khurana, Additional Rent Controller, Delhi rejecting respondents' application for interior relief is under challenge in this petition filed under Article 227 of the Constitution.

(2.) A petition under Section 45 of the Delhi Rent Control Act (hereafter referred to as 'the Act') was filed by respondent No.2 for restoration of electricity and water supply to Qtr. No.2, Kothi No.l9, Arnrita Sher Gill Marg, New Delhi. It was alleged by her that she was a tenant in physical possession of Qtr. No.2 on payment of Rs. 150.00 as rent inclusive of water and electricity charges. She also alleged that she and her husband Bhirn Singh were in, petitioner's services as his domestic servants on a monthly salary of RS. 800.00 p.m. Her husband Bhirn Singh expired on 14.7.1991 due to negligence on the part of the petitioner for which criminal case had been registered. In order to usurp earned wages and other benefits, the petitioner had with malafide intent extended threats of forcible dispossession and a petition was also pending for eviction against her and now essential amenities had been withheld by the petitioner. A prayer was also made for interim relief under Section 45(3) of the Act.

(3.) Petitioner contested the petition on numerous grounds. Preliminary objections were taken - one of which was that there was no relationship of landlord and tenant between the parties. Respondent No.2 had never been inducted as a tenant. It was alleged that her husband was a domestic servant, who had left the services in August, 1991. The quarter had been given to her husband as a licensee being a domestic servant. After he left the service, the respondent had no locus standi to remain in occupation. She was a mere trespasser. It was also alleged that the respondent was not eneitled for restoration of electricity and water connections in the premises.