PARMESHWARI BAI Vs. RAJ NARAYAN DAHIYA

JUDGEMENT

(1.) C.M.(M) 215/2001 seeks to challenge the judgment dated 19.03.2001 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 Section 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.) It was contended by counsel for the petitioner that merely because the daughter of the petitioner was living in the suit premises does not mean that the tenant had parted with possession. He contended that the admission of the tenant to the effect that her daughter was living in the suit premises cannot be taken as an admission of handing over possession as required under Section 14(1)(b) of the Act.