P C JAIN Vs. J K SONI

JUDGEMENT

(1.) THIS petition has been preferred by the petitioner against an order of learned Additional Rent Control Tribunal (ARCT) dated 3rd November 2006 whereby he reversed the order of learned Additional Rent Controller (ARC)allowing the eviction petition filed by the landlord (petitioner herein) under section 14 (l) (h) of Delhi Rent Control Act (DRC Act ).

(2.) THE facts relevant for the purpose of deciding this petition are that the petitioner filed an eviction petition against the respondent under section 14 (l) (a) (c) (j) (h) and (k) of DRC Act. The learned ARC dismissed the eviction petition of the petitioner under Section 14 (1) (a) (c) and (j) and decreed the same under Section 14 (1) (h) and (k) vide his order dated 18th January 2001. With respect to Section 14 (1) (k) the learned ARC ordered an inquiry which is pending. The respondent preferred an appeal before the ARCT and the learned ARCT vide the impugned order reversed the order of the learned arc under Section 14 (1) (h), however, maintained the order under Section 14 (1) (k) of the DRC Act. The petitioner (landlord) has assailed the order of the learned ARCT.

(3.) THE only ground on which the eviction petition was allowed is that the respondent, who is an advocate, had acquired an alternate accommodation at the premises bearing number E-382, Greater Kailash part-II, New Delhi after commencement of the Act and the respondent was residing there along with his family members. The finding of learned ARC are as under:-