NEELAM DUBEY Vs. RANI PANDEY

JUDGEMENT

(1.) By way of this petition filed under Section 25B(8) of the Delhi Rent Control Act, 1958 ("DRC Act" for short) the petitioner impugns judgment dated 18.01.2019 whereby the Rent Control Tribunal ("RCT" for short) has allowed an appeal, thereby reversing judgment dated 12.04.2017 made by the learned Additional Rent Controller ("ARC" for short) dismissing the eviction petition filed under section 14(1)(a) of the DRC Act. By way of the impugned judgment, the RCT has allowed eviction on the ground available under section 14(1)(a) of the DRC Act, namely non-payment of rent. The premises that is subject matter of the proceedings is property bearing No.5, I-Block, Jaitpur Extension, Badarpur, New Delhi.

(2.) Although the eviction petition was filed by the respondent/Smt. Rani Pandey claiming to be owner of the subject premises against the petitioner/Smt. Neelam Dubey who was alleged to be the tenant, the petitioner claims that in fact she is the rightful owner of the subject premises; and that the entire proceedings are a culmination of fraud played upon the petitioner by the respondent inter-alia forging and fabricating documents.

(3.) Mr. A. K. Mishra, learned counsel for the petitioner has presented a factual matrix which is somewhat complex and convoluted; and at least at first blush, one would think, somewhat incredible. The factual scenario presented on behalf of the petitioner is as follows: