TEXMACO LTD Vs. POORAN CHAND

JUDGEMENT

(1.) The petitioner-landlord filed an eviction petition against the respondent under the provisions of Section 14(1)(i) of the Delhi Rent Control Act, 1958 (herein after referred to as the said Act). The petition was dismissed by the Additional Rent Controller in terms of the Order dated 10.07.1998 and the order was confirmed in appeal by the Additional Rent Control Tribunal in terms of the order dated 13.11.2003. Thereafter the present petition has been filed under the Article 227 of the Constitution of India.

(2.) In order to appreciate the controversy, it is first necessary to re-produce the relevant provision.

(3.) The case of the petitioner is that the respondent was made available the accommodation in question as a condition of service by M/s Birla Cotton Spinning and Weaving Mills Ltd which had been amalgamated with the petitioner. Petitioner sought to rely upon an allotment letter dated 29.12.76 (ExAW1/2) alleged to have been signed by the respondent. However, during the course of evidence it emerged that the occupation of the respondent was from 1947 which was also the date of employment with the predecessor company of the petitioner.