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2010 Supreme(Del) 807

MOOL CHAND GARG
VISHAL KIRTI – Appellant
Versus
VIPIN KUMAR JAIN – Respondent


Advocates Appeared:
Mr. Akshay Makhija, Mr. Vikas, Bhadoria, Ms.Amisha Gupta, Advs.
Mr.Yogesh Chhabra, Adv.

MOOL CHAND GARG,J

1. This appeal filed under Section 39 of the Delhi Rent Control Act 1958 (hereinafter referred to as “the Act”) is directed against the order dated 4.5.2000 passed by the Rent Control Tribunal, Delhi, in RCA No. 210/1994, whereby the learned Tribunal has dismissed the appeal and upheld the order dated 5.03.1994 passed by the Additional Rent Controller, Delhi, whereby an eviction order has been passed in an Eviction Petition No 3/1988 filed under Section 14(1)(b) of the Act on the ground of the alleged subletting of the premises in question.

2. Briefly stated the dispute is in respect to one shop private No 1 in property No 5166, Ground floor, Kohlapur Road, Delhi (hereinafter referred to as premises). Appellant is the tenant who according to the case of the respondent sub-let the premises to one Shri Dinesh Kumar Jain after 9th June, 1952 without obtaining the consent of the respondent or their predecessor in interest while appellant himself is carrying on his business under the name and style of Adarsh Vastra Bhandar in another shop in building No 5165 and is carrying on his business under the name and style of Adarsh Vastra Bhandar. Shri Dinesh Kumar Jain in exc

























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