NAND KISHORE Vs. SUSHIL KUMAR BHATIA

JUDGEMENT

(1.) Respondent No.1 filed an eviction petition under Section 14(1)(b) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the said Act) against the petitioner/tenant alleging sub-letting, assignment or otherwise parting with possession of the shop forming part of the tenanted premises situated in property No.4419/56, Regharpura, Karol Bagh, New Delhi. The shop was alleged to have been sublet to respondent No.2 herein.

(2.) It was the case of respondent No.1 that respondent No.2 was in exclusive possession of the shop where he was running his business in the name of M/s. Darjeeling Tea Emporium while the petitioner was running his own business in Palika Bazaar, New Delhi and charging Rs.2,000/- per month from respondent No.2 as rent for the alleged sub-letting.

(3.) The petitioner took objection that respondent No.1 had even earlier filed a similar petition alleging sub-letting in favour of third parties, which was dismissed. The sub-letting was denied. The petitioner claimed that he was running the business of M/s. Darjeeling Tea Emporium from the suit shop. Both the parties led evidence and by an order dated 15.9.2005 the Additional Rent Controller came to the conclusion that the ground of sub-letting had been made out.