NARESH KUMAR JAIN Vs. TRIPTA RANI MALHOTRA

JUDGEMENT

(1.) Matter is taken up at admission stage. The eviction petition under Section 14 (1) (a) of Delhi Rent Control Act was filed against the petitioner on the ground of non-payment of rent. The respondent/landlord has alleged that the premises were let out to him for residential purposes and the petitioner had not paid rent since February 1993. Legal notice dated 30th July, 1988 was also sent to him and despite that rent was not paid by him. In reply to the said petition, petitioner has denied the relationship of landlord and tenant.

(2.) According to him his wife is a tenant of the premises in question and as such the petition is not maintainable. Learned ARC rejected the contention of the petitioner that his wife is the tenant and petitioner is not the tenant in the suit property and order was passed under Section 14 (1) (a) of DRC Act directing the respondent to pay arrears w.e.f. 1.10.1996 within 30 days from the date of order and petitioner was also given the benefit of adjustment of rent already paid by him. Petitioner has challenged the said order before learned Rent Control Tribunal. Learned Rent Control Tribunal vide order dated 8.12.2007 upheld the finding of learned ARC.

(3.) Petitioner has assailed the impugned order on the ground that there was no relationship of landlord and tenant between the parties. It is contended that without considering the facts and circumstances of the case finding in this regard is given which is ought to be set aside by this Court.