By this petition the petitioner has assailed an order dated 8th May, 2008 of learned Rent Controller Tribunal (RCT). By an order dated 5th March, 2008 learned ARC had allowed an application of the respondent under Order IX Rule 13 of Code of Civil Procedure, 1908 („CPC? for short) and orders of eviction dated 7th February, 2005 and 11th May, 2005 were set aside. Learned RCT dismissed the appeal of petitioner against order dated 5th March, 2008. Brief facts relevant for the purpose of disposing of this petition are that the petitioner was landlord in respect of shop No. 32, Shiv Market, Masjid Road, Bhogal, Jungpura, New Delhi. This shop was let out to respondent at a monthly rent of Rs. 135/-. The petitioner sent a notice to the respondent making assertions inter-alia that the shop was initially sub-let by respondent and thereafter it was lying locked. These assertions are in paragraph No. 8 of the notice and read as under:

“That for the last few years you are not in the possession and also not using the said premises and have subletted the same to one Mr. Satinder Singh C/o S.P. Electric Co., 14, N.D.S.E. Kotla Gurudwara Road, New Delhi-49. The said premises is also