RAM NARAIN Vs. TEK CHAND

JUDGEMENT

(1.) This second appeal is directed against order of the Rent Control Tribunal, Delhi dated 16th January 1788 whereby the appeal filed by the appellant against the order of the Adittional Rent Controller dated 18th December 1986 was rejected.

(2.) The respondents herein filed an eviction petition under Section 14(l)(b) of the Delhi Rent Control Act in the court of the Additional Rent Controller against the appellant herein in respect of a portion of the property known as Sanjay Market. Block C, Kewal Nagar Extension Azadpur, Delhi shown in red colour in site plan exhibited as Ext. AWl/l. The appellant was the tenant in respect of the said premises at a monthly rent of Rs. 400.00 ft was alleged in the petition that the appellant had sub-let, assigned and parted with possession of one shop forming part of the disputed property to M/s Rajindra Motors and one room on first floor to M/s New Rohtak Haryana Goods Carrier. It is not disputed by the appellant that the appellant had parted with possession of one shop to M/s Rajindera Motors and one room on the first floor to M/s New Rohtak Haryana Goods Carrier, however it was contended that the appellant was the owner of the super-structure of the building and the respondents were the owners of the land alone and therefore, could not seek eviction on the ground of sub-letting. 439

(3.) It was contended by the learned counsel for the appellant that the appellant had taken only the land on rent from the respondents-landlords and the super-structure was constructed by him and, therefore, no eviction petition was maintainable in respect of the super-structure on the ground of sub-letting.