RAMESH CHAND SACHDEVA Vs. RAJ KUMAR MANCHANDA

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of india, the petitioner has assailed the legality of order dated 13th July, 2005 passed by Additional Rent Control Tribunal.

(2.) THE brief facts relevant for purpose of deciding this petition are that respondent, Raj Kumar Manchanda filed an application for eviction under section 14 (1) (a) and (b) of the Delhi Rent Control Act stating that Mr. Jaswant rai Khurana was a tenant in respect of premises E-382 (Double Storey) Ramesh nagar, New Delhi and Mr. Khurana left the premises after sub-letting and assigning it to the present petitioner, Ramesh Chand without consent in writing of the landlord. The monthly rent was Rs. 950/- exclusive of electricity and water charges and this rent had also not been paid and tendered by the tenant since 1st February, 1988. A notice of demand dated 5th July, 1990 was served on respondent no. 1. Notice was duly served but respondent no. 1 neither tendered nor paid this rent after notice.

(3.) IN the WS, respondent no. 1 took the stand that he had paid the entire rent during the period of his tenancy and thereafter he left the premises to respondent no. 2 who had shifted to the premises from his previous house in frashkhana. He stated that respondent no. 2 was inducted in the year by the petitioner/landlord himself. Respondent no. 2 (present petitioner) alleged that the eviction petition was filed by the petitioner in connivance with respondent no. 1. Respondent no. 1 had nothing to do with the premises. He was a stranger. The respondent no. 2 was the tenant in the premises since November, 1980 at monthly rent of Rs. 550/- exclusive of water and electricity charges. He (respondent no. 2) had been paying rent to the landlord regularly but landlord never issued rent receipt. He started harassing him. Thereafter he filed a petition under Section 45 of Delhi Rent Control Act for restoration of essential supply and the landlord filed the eviction petition as a counter blast.