SATWINDER SINGH Vs. KANWAR KRISHAN ANAND

JUDGEMENT

(1.) THE petitioner is aggrieved by an order of Additional Rent control Tribunal dated 8th January, 2007 whereby he set aside the judgment of arc dated 27th May, 2004 and allowed the Eviction petition filed by the respondent under Section 14 (1) (b) of Delhi Rent Control Act.

(2.) THE facts relevant for the purpose of deciding this petition are that the petitioner was a tenant in respect of premises no. 13/39, Arya Samaj road, Karol Bagh. The respondent found that the premises was in occupation of m/s. Letheria (an undertaking of Punjab Government) and the petitioner had sub-let/parted with the possession of premises to M/s. Letheria without obtaining consent in writing of the landlord. A petition under Section 14 (1) (b) of Delhi rent Control Act was preferred. The landlord also got a Local Commissioner appointed for inspection of the property, immediately on filing the Eviction petition. The Local Commissioner appointed by the Court inspected the premises and filed his report stating that premises was occupied by Sh. Sanjeev Kumar, an employee of Letheria (a Punjab Government undertaking), who informed him that mr. R. M. Lal was the Area Manager of Punjab State Leather Development corporation (PSLDC) and incharge of the shop. There were 4 employees of letheria working with him in the shop.

(3.) THE petitioner/tenant in the WS denied the allegations regarding sub-letting and took the stand that the petitioner was the agent of Punjab State leather Development Corporation (PSLDC) for the sale of complete range of leather goods. The company (PSLDC) used to supply goods to him bill-wise on consignment basis and he used to get commission of 10% of the net sale value. The goods left unsold were returned in the same condition to PSLDC.