CENTRAL TRADING CO Vs. R K JAIN

JUDGEMENT

(1.) Allowed subject to just exceptions. CM (M) No.960/2006 and CM No.8735/2006

(2.) The respondents filed an eviction petition against the petitioner under Section 14(1)(b) of the Delhi Rent Control Act (hereinafter referred to as the said Act) on account of sub-letting. The petition was dismissed by the Additional Rent Controller in terms of order dated 18.1.2004 and the respondents aggrieved by the same filed an appeal before the Rent Control Tribunal. The appeal was allowed by the impugned order dated 16.5.2006.

(3.) The premises in suit consist of one big hall on the ground floor of building No.16, New Colony, Behind Filmistan Cinema, Delhi, which was let out to the petitioner vide Agreement executed in February 1972. The permissible user of the premises was for the purposes of storing of 40 tons of Phenol Normaldehyde (Backelite) Moulding Power resins and/or any other item dealt by the petitioner company. The letting was for commercial purposes. The respondents allege that the petitioner had sub-let and parted with possession of the premises to M/s. Tipco Industries Limited without permission and consent of the landlord.