KAMLA DEVI Vs. HAJI AMIR MIR AHMED

JUDGEMENT

(1.) R.C.S.A. 28/2001 seeks to challenge the order dated 10.5.2001 of the Additional Rent Control Tribunal, Delhi in RCA No. 110/2000 whereby the learned Tribunal has allowed the appeal setting aside the order of eviction passed by the learned Additional Rent Controller, Delhi vide its judgment dated 1.5.1993 under Section 14(1)(b) of the Delhi Rent Control Act.

(2.) Brief facts of the case as noted from the written submissions of Counsel for the petitioner are as follows:

(3.) Counsel for the petitioner submits that the learned Rent Controller after giving careful consideration to the evidence on record returned a finding that the premises in question had been sublet and that the case under Section 14(1)(b) of the Act was made out. He contends that the Tribunal was wrong in reversing a well reasoned judgment without appreciating that the original tenant has no interest in the business run by his so-called attorney and his son. In view of this admitted position, it cannot be said that the attorney of the tenant is running his partnership on behalf of the tenant when the tenant is not even a partner in the concern.