SMT. TARA DEVI Vs. LAXMI NARAIN

JUDGEMENT

(1.) By the present petition filed under Art. 227 of the Constitution of India, the petitioner seeks to impugn the order dated 05.01.1991 passed by the Additional Rent Controller (hereinafter referred to as the 'ARC') under Sec. 14(1)(h) of the Delhi Rent Control Act (in short the 'DRC Act') regarding premises bearing No. 1665, Lekh Raj Bhawan, Kucha Dakhni Rai, Darya Ganj, New Delhi-110002.

(2.) It is averred that the premises were let out to the husband of the petitioner, namely Sh. R.L. Deo. After his death, the petitioner has become the tenant of the demised premises. It was stated in the eviction petition that the petitioner had acquired vacant possession of a residence at B-102, Gulmohar Park, Opposite Green Park, New Delhi after the tenancy has been created. Hence, an eviction petition was filed under Sec. 14(1)(h) of the DRC Act to seek an eviction order. The petitioner was proceeded ex-parte. The ARC noted the evidence of AW1 about the petitioner having acquired the said residence 2-3 years back. Relying on un-rebutted and unchallenged evidence, the ARC passed an eviction order.

(3.) I have heard the learned counsel for the parties.