MAHARAJ KRISHAN KHANNA Vs. SURINDER KUMAR

JUDGEMENT

(1.) THE present petition under Article 227 of the Constitution of India is directed against the order dated 27.10.2006 passed by the learned Additional District and Sessions Judge, Delhi Rent Control Tribunal whereby he has allowed the appeal preferred by the respondents against the eviction order passed by the learned Additional Rent Controller in Eviction Petition No. E 55/02 dated 01.10.2005.

(2.) THE Petitioner had filed an eviction petition under Section 14(1)(b) of the Delhi Rent Control Act( hereinafter referred as Act), against the respondents by subletting of the Suit premises in favour of respondent no. 2 Ms. Alka, the wife of respondent no. 1 before the Rent Controller, Delhi, in respect of two shops including the mezzanine floor in one shop on the ground floor situated at S-27, Rajouri Garden, New Delhi 110027

(3.) THE eviction petition was resisted by the Respondents on the ground that the respondent no. 2, who was the daughter-in-law of the late Smt. Nirmala Mago, was taken as a partner by her during her life time on 1.11.2000 by executing a partnership deed and after the demise of Smt. Nirmala Mago on 19.11.2000, the respondent no. 2 has been discharging the obligation of the firm. It was also pleaded that the business was stopped w.e.f. 01.04.2001 and even the Sales Tax Number had been surrendered to the authorities. Since 01.04.2001, the Suit premises was lying locked. It was also argued that, in any event, no question of subletting arises when respondent no. 2, who is alleged to have carried on the business in the name of her proprietary concern M/s. Konark Enterprises, is none other than the wife of respondent no. 1 and was the daughter-in-law of the deceased original tenant Smt. Nirmala Mago.