BHAG SINGH Vs. GANPAT RAM (SINCE DECEASED)

JUDGEMENT

(1.) The petitioner had filed an eviction petition against the respondent on various grounds including under Section 14(1)(c) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the said Act). It is not necessary to go into the question of other grounds because in terms of the order of the Additional Rent Controller dated 7.3.2002 an eviction order was passed against the respondent only on the said ground.

(2.) The tenanted premises is a basement in property No.A/11, NDSE, Part-I, House Building Co-operative Society, Ring Road, New Delhi, which was let out for residential purposes as per written rent note dated 7.3.1973. The tenancy commenced from 1.7.1973 on a monthly rent of Rs.900/- exclusive of electricity and water charges.

(3.) In the proceedings before the learned Additional Rent Controller, the defence of the respondent had been struck off. The crucial document was the rent note, which was proved as AW-2 and was exhibited. The Trial Court noticed that there was no objection as to the mode of proof or otherwise raised by the respondent at any time till the final hearing of the matter before the learned Additional Rent Controller. Since the purpose of letting was residential and the premises was being used for the purposes other than for which it was let out being commercial the eviction order was passed.