ASHOK KUMAR Vs. RAMAN ARORA

JUDGEMENT

(1.) The petitioner filed an eviction petition against the respondent / tenant under Section 14(1)(d) and (h) of the Delhi Rent Control Act, 1958 ( hereinafter to be referred to as, 'the said Act' ) in respect of two rooms' set on the first floor of property No. 3480, Nicholson Road, Kashmere Gate, Delhi - 110 006 stated to be let out for residential purposes.

(2.) The petitioner had purchased the property from the previous owner under whom the respondent was the tenant. It is the case of the petitioner that neither the respondent nor any members of his family have been residing at the premises for more than six months prior to filing of the petition and the premises were lying locked. It is being alleged that the respondent permanently shifted to B-85, Derawal Nagar, Delhi and that the respondent had also acquired vacant possession or had been allotted the said property. The respondent contested the case and claimed that the property at Derawal Nagar was owned by Shri Khushal Chand.

(3.) The parties led their evidence and in terms of the order dated 06.04.1994 of the Additional Rent Controller ( hereinafter to be referred to as, 'ARC' ), an eviction order was passed under Section 14(1)(d) of the said Act.