MANMOHAN
ASHA RANI – Appellant
Versus
SATINDER KUMAR – Respondent
1. Present petition has been filed under Article 227 of Constitution of India challenging the order dated 29th January, 2007 passed by Additional Rent Control Tribunal (hereinafter referred to as ‘Tribunal’) whereby petitioners’ appeal against order dated 26th February, 2005 allowing respondent-landlord’s eviction petition under Section 14(1)(c)&(j) of Delhi Rent Control Act, 1958 (hereinafter referred to as ‘DRC Act’), was dismissed.
2. Briefly stated the facts relating to the present petition are that on 6th January, 1966 Mr. Jaktar Singh, the predecessor-in-interest of petitioners took on rent, premises bearing Shop No. 12, Old Market, Ramesh Nagar, New Delhi (hereinafter referred to as ‘tenanted premises’). The respondent-landlord on 22nd December, 1999 issued an eviction notice to petitioners-tenants on the ground that they were misusing the tenanted premises. In the said notice it was alleged that tenanted premises were to be used for a specific purpose of ‘Halwai’ but premises were actually being used for running a business of crushing of sugarcane and fruits of different kinds, which not only constituted a misuse but was also detrimental to the interest
Babutmal Raichand Oswal v. Laxmibai R. Tarta & Anr. AIR 1975 SC 1297
Gurdial Batra v. Raj Kumar Jain 1987 (2) RCR (Rent) 455 (P&H): 1989 (3) SCC 441
India Pipe Fitting Co. v. Fakruddin M.A. Baker and Anr. AIR 1978 SC 45
Mohan Lal v. Jai Bhagwan 1988 (2) SCC 474: AIR 1988 SC 1034
Nagendra Nath Bora v. Commr. of Hills Division AIR 1958 SC 398
S.P. Deshmukh v. Shah Nihal Chand Waghajibai Gujarati . AIR 1977 SC 1985
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