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2010 Supreme(Del) 134

SHIV NARAYAN DHINGRA
HANUMAN MAL BOTHRA – Appellant
Versus
SURAJ MAL JAIN – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sunil Dutt Dixit, Advocate.
For the Respondent: Nemo.

JUDGMENT

Shiv Narayan Dhingra, J.- By this petition under Article 227 of the Constitution of India, the petitioner has assailed an order dated 16th December, 2009 passed by learned ARCT in appeal against the order dated 7th July, 2009 passed by Additional Rent Controller. The appeal was dismissed.

2. Brief facts relevant for the purpose of deciding this petition are that in an eviction petition under Section 14(1)(a), 14(1)(d), 14(1)(e), 14(1)(j) and (h) of Delhi Rent Control Act preferred by the landlord, an order under Section 14(1)(a) of the DRC Act was passed and the petition on other grounds was dismissed. Benefit of Section 14(2) of DRC Act was given by the trial Court. The respondent preferred an appeal before the Rent Control Tribunal, which was disposed of on 4th March, 2005 and the matter was remanded back to the trial Court and the trial Court was directed to relook into the record about challan of deposit of rent. When the matter was remanded back by ARC, the petitioner could not show deposit of rent and the benefit of Section 14(2) of DRC Act was not extended to the petitioner and an order of eviction was passed by the trial Court on 2nd July, 2005. Against this order,



















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