ASHA RANI Vs. SATINDER KUMAR

JUDGEMENT

(1.) PRESENT petition has been filed under Article 227 of constitution of India challenging the order dated 29th January, 2007 passed by Additional Rent Control Tribunal (hereinafter referred to as Tribunal) whereby petitioners appeal against order dated 26th February, 2005 allowing respondent-landlords eviction petition under Section 14 (1) (c)and (j) of Delhi Rent Control act, 1958 (hereinafter referred to as DRC Act), was dismissed.

(2.) BRIEFLY stated the facts relating to the present petition are that on 6th January, 1966 Mr. Jaktar Singh, the predecessor-in-interest of petitioners took on rent, premises bearing Shop No. 12, Old Market, Ramesh Nagar, New Delhi (hereinafter referred to as tenanted premises ). The respondent-landlord on 22nd december, 1999 issued an eviction notice to petitioners-tenants on the ground that they were misusing the tenanted premises. In the said notice it was alleged that tenanted premises were to be used for a specific purpose of Halwai but premises were actually being used for running a business of crushing of sugarcane and fruits of different kinds, which not only constituted a misuse but was also detrimental to the interest of respondent-landlord. In the written statement petitioners-tenants took a number of defences.

(3.) HOWEVER, both Additional Rent Controller (in short ARC)as well as Tribunal have allowed respondent-landlords petition under Section 14 (1) (c) and (j) of DRC Act. The relevant observations of ARC as well as the Tribunal are re-produced hereinbelow for ready reference :-ARC's order :-