SURENDER SINGH CHADHA Vs. SUBHASH CHAND SAINI

JUDGEMENT

(1.) The present petition arises out of the decree for eviction passed by the ld. Additional Rent Controller (hereinafter 'ARC') on 1st October 2008 and upheld by the ld. Rent Control Tribunal (hereinafter 'RCT') vide the impugned order dated 4th December 2017.

(2.) A petition under Section 14(1)(a), (b) and (j) of the Delhi Rent Control Act, 1958 (hereinafter 'DRC Act') was filed by the Respondents/Landlords (hereinafter 'Owners') against the Petitioner/Tenant (hereinafter 'Tenant') in respect of the shop bearing no.1447, Dariba Kalan, Delhi - 110006 (hereinafter 'suit premises'). The case of the Owners in the eviction petition is that the Tenant is a habitual defaulter of payment of rent and has also sub-let the premises to his son namely Mr. Inderjeet Singh. It is urged in the petition that the notice terminating the tenancy was issued on 13th November, 1997 and the property has also been declared as a 'dangerous property' by the Municipal Corporation of Delhi. Evidence in the matter was led before the ld. ARC and vide order dated 1 st October, 2008, the ld. ARC held that the Tenant is in violation of Section 14(1)(b) of the DRC Act and the decree was passed in terms thereof. The Tenant appealed the said order before the RCT, which was also dismissed on 4 th December, 2017. Hence, the present petition.

(3.) The submission of Mr. Pradeep Dewan, ld. Sr. Counsel for the Tenant was that under Section 14(1)(b), there are three elements, one of which has to be satisfied i.e. 'sub-letting', 'assignment' or otherwise 'parting with possession of whole or part of the premises'. His submission is that since the father retained control of the property, there was no parting with possession. Unless there is legal parting and it is shown that the tenant lost control over the property, the said provision would not be applicable. He submits that the case of the Owners in the eviction petition is that the premises was sub-let in two ways - (i) It was sublet to Mr. Subash Chand (Saletiwala) for sale of crackers outside the shop and (ii) when the shop was parted with possession by giving it exclusively to Mr. Inderjeet Singh i.e. son of the Tenant.