SURENDER KUMAR Vs. KHANDELWAL JAIN SOCIETY

JUDGEMENT

(1.) The present petition has been filed challenging the impugned order dated 28th September, 2019 passed by the ld. Rent Control Tribunal (hereinafter, "RCT") by which the appeal filed by the Petitioner/Tenant (hereinafter, "Tenant") has been dismissed. The appeal was preferred by the Tenant challenging the eviction decree dated 15th October, 2013, by which the ld. Rent Controller (hereinafter, "RC") had allowed the petition for eviction on the ground that the Tenant had sub-let the property. The operative portion of the eviction decree reads as under:

(2.) The ld. RCT has primarily proceeded on the basis that the Tenant and alleged sub-tenants, who were impleaded as Respondent Nos.1 & 2 in the eviction petition, had chosen not to appear before the ld. RC. Further, no evidence was led and even the Landlord's witness was not cross-examined. The ld. RCT observed that even during the time when the petition was pending, an application was filed under Order XVIII Rule 17 CPC, which was dismissed by the ld. RC. There being no evidence or cross-examination of the Landlord's witness by the Tenant or alleged sub-tenants, the testimony of the Landlord's witness remained unrebutted. Accordingly, the appeal was dismissed with the following observations:

(3.) Ld. counsel for the Tenant vehemently urges before this Court that the Landlord failed to discharge even the initial burden cast upon him to prove that there had been sub-letting.