TARAMOTIHAR Vs. SATYAWATI SHARMA

JUDGEMENT

(1.) The respondent filed an eviction petition under Section 14 (1) (k) of the Delhi Rent Control Act, 1958 (herein-after referred to as the said Act) in respect of the tenanted premises located at Desh Bandhu Gupta Road. Both these petitions raised a common question since the landlord is common and the allegation is that the premises are being put to commercial use contrary to the terms of the perpetual lease.

(2.) In order to appreciate the controversy, it is necessary to re-produce the relevant provisions which are as under:

(3.) There are concurrent findings both by the Additional Rent Controller and by the Rent Control Tribunal that the premises are being used for commercial purposes. In fact there is no dispute in that behalf. Both the courts below have held in favour of the respondent-landlord and have given time to the tenants to stop the misuser and rectify the position.