Valmiki J. Mehta, J. (Oral):--

1. This petition under Article 227 of Constitution of India is preferred by the petitioner/tenant against the concurrent judgments of the Courts below; of the Additional Rent Controller dated 09.1.2012 and the Rent Control Tribunal dated 01.8.2012. By the impugned judgments, the Courts below have directed eviction holding that the petitioner herein, respondent (tenant) in the court below has failed to comply with the original order of eviction passed under Section 14(1)(k) of the Delhi Rent Control Act, 1958, and, the petitioner herein cannot take up the issues on merits of permissibility of misuser in the present consequent proceedings under Section 14(11) of the Act, inasmuch as, such issues on merits could have been raised before the Additional Rent Controller in the main proceedings under Section 14(1)(k) and which proceedings were finally decided by passing the orders dated 06.2.1996 and 26.2.1996. Effectively what is held by the concurrent judgments is that any entitlement to misuse or whether misuse is permissible or should be stopped because it is not permissible, are issues which have to be addressed and argued on merits before the order under

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