( 1 ) THIS petition under Article 227 of the Constitution of India is directed against order dated 15. 2. 2005 passed by Shri S. M. Chopra, Additional Rent Control tribunal whereby tenant s appeal was allowed and the eviction order under section 14 (1) (b) of Delhi Rent Control Act (for short the Act ) passed by learned ARC vide order dated 24. 11. 2004 in eviction petition No. E-288/2004 was set aside.

( 2 ) BRIEFLY narrated, facts leading to this petition are that on 3. 10. 96 the petitioner herein filed an eviction petition under section 14 (1) (a) (b) of the Act against New Bank of India through General Manager and Punjab National Bank seeking their eviction from premises K-16, Chaudhary Building, Connaught Circus, new Delhi on the ground of non-payment of rent and sub-letting contemplated under clause (a) and (b) of proviso to sub section (1) of section 14 of the Act. It was alleged in the eviction petition that the demised premises were let out to New Bank of India for commercial purposes and the respondent has failed to pay arrears of rent from october 1993 till date despite service of demand notice dated 10. 10. 94. It was further stated that respondent N