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2010 Supreme(Del) 1056

SHIV NARAYAN DHINGRA
Narain Singh Through Lrs. – Appellant
Versus
Shanti Devi Through Lrs – Respondent


Advocates Appeared:
Mr. Rahul Gupta, Advocate for the Petitioners.
Mr. Rajiv Duggal, Advocate for the Respondents.

Shiv Narayan Dhingra, J.

1. By this petition under Article 227 of the Constitution of India, the petitioner has assailed an order dated 19th January 2007 passed by learned Additional Rent Control Tribunal (ARCT) whereby an appeal of the petitioner against the order of Additional Rent Controller (ARC) was dismissed.

2. Brief facts relevant for the purpose of deciding this petition are that the landlord (respondent Smt. Shanti Devi (since deceased) filed a suit for eviction against Narain Singh (since deceased) and Kailash Chand (since deceased) who were tenants in the suit premises bearing number 3399, Desh Bandu Gupta Road, Karol Bagh, New Delhi on account of subletting of the suit premises under Section 14 (1) (b) of Delhi Rent Control Act (DRC). It was alleged that the tenancy qua these two persons was created in June, 1996, however, the tenants sublet and parted with possession of the suit premises without written consent of the landlord to one Shri Ramesh Chand and the subtenant was not in legal occupation of the suit premises for last 4/5 years. This eviction petition was filed on 2nd April, 1990. The tenant in the written statement initially took the stand that there was no sub

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