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2018 Supreme(Del) 3279

VINOD GOEL
Surinder Kumar – Appellant
Versus
Arvind Nath Pathak – Respondent


Advocate Appeared:
For the Appellant :Mr.Rakesh Tiku, Sr. Advocate with Mr.Gaurav Kohli and Mr.Sanjeev, Advocates.
For the Respondent:Mr. S.N.Choudhri, Advocate with Ms.Shruti Choudhri, Ms.Sukanya Choudhri and Ms.Sukreet Khandelwal, Mr. Atul T.N. and Mr. Nitin Kumar, Advocates

JUDGMENT :

VINOD GOEL, J.

1. The petitioner, a sub-tenant, having unsuccessfully pursued his appeal bearing No.RCT-1126/2016 before the Learned Rent Control Tribunal, South-East District, Saket Courts, New Delhi (“Tribunal”) by judgment dated 21.09.2017 against order of eviction dated 02.06.2008 passed by the court of learned Additional Rent Controller, Tis Hazari Courts, Delhi (“ARC”), has moved this Court under Article 227 of the Constitution of India for quashing of both the orders.

2. Bereft of unnecessary details, the facts giving rise to this petition are that the respondent No.1 and 2 have filed two eviction petitions in respect of Shop No.M-64, Kalkaji, New Delhi-110019 (demised shop) before the learned ARC under Section 14(1)(a) and 14(1)(b) of the Delhi Rent Control Act, 1958 (“DRC Act”) against the respondent No.3 and the petitioner.

3. The parties being the same, both these eviction petitions were consolidated by the learned ARC for the purpose of trial.

4. The respondents No.1 and 2 had let out the demised shop to the respondent No.3 w.e.f. 01st September, 1992 at a monthly rent of Rs.2,000/-. The respondent No.3 has failed to make the payment of rent from 01.01.1993 to 31.

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