PARMESHWARI BAI Vs. RAJ NARAYAN DAHIYA

JUDGEMENT

(1.) C.M.(M) 215/2001 seeks to challenge the judgment dated 19.3.2001 of the Addl. Rent Control Tribunal, Delhi (for short 'the Tribunal') in R.C. A. No. 6/2001 whereby the Tribunal, while adjudicating on an appeal from the order of the Additional Rent Controller dated 30.11.2000 dismissing the petition under Section 14(1)(j) of the Delhi Rent Control Act (for short 'the Act') and passing an eviction order under Sections 14(1)(b) and 14(1)(h) of the Act, partly allowed the appeal upholding the order of eviction under Section 14(1)(b) of the Act and setting aside the order of the Controller under Section 14(1)(h) of the Act.

(2.) Brief facts of the case, as have been narrated by the Additional Rent Controller, are as follows:

(3.) In replication while reiterating the contents of petition and refuting the adverse contents of written statement that if there exists any such document the same is null and void. In any case no restaurant or hotel is being ran after 19.1.1988 in the premises owned by petitioner. The shop in which restaurant was being run by respondent has been surrendered to the petitioner. It is claimed that tenancy premises had fallen to the share of petitioner after partition and it has already been mutated in his favour. The respondent has also accepted the petitioner as here landlord.