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2012 Supreme(Del) 1541

INDERMEET KAUR
ABHILASH JAIN – Appellant
Versus
SURENDER KUMAR KALRA – Respondent


Advocates:
Advocate Appeared:
Mr.Sudhir Nandrajog, Sr. Adv. with Mr.P.K.Rawal, Adv.
Mr.Ravi Gupta, Sr. Adv. with Mr.Ankit Jain, Adv.

JUDGMENT

INDERMEET KAUR, J.

1. Impugned order is dated 20.4.2006. Additional Rent Control Tribunal (ARCT) had endorsed the finding of the Additional Rent Controller (ARC) dated 13.5.2003 whereby the eviction petition filed by the landlord Surender Kumar Kalra under Section 14(1)(a) and (b) of the Delhi Rent Control Act (hereinafter referred to as the DRCA) had been disposed of; petition under Section 14(1)(b) of the DRCA had been decreed and qua the provisions under Section 14(1)(a) DRCA this being a case of first default benefit of Section 14(2) of the DRCA had been granted to the tenant. This judgment is the subject of the present petitioner.

2. Record shows that an eviction petition had been filed by the landlord against his two tenants Abhilash Jain and Manoj Jain; ground under Section 14(1)(a) and (b) of the DRCA had been pleaded. This Court in this petition is concerned with the grounds only under Section 14(1)(b) of the DRCA; disputed premises have been described as H-7A, Model Town, Delhi. Contention was that the premises had been sublet by the original tenant in favour of M/s Auto Den and S.K.Jain & Company comprising of Sunil Kumar Jain and Pankaj Jain; petitioner is the ow



















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