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2020 Supreme(Del) 1275

PRATHIBA M.SINGH
Arun Kumar Jain – Appellant
Versus
Bhagwant Singh Pabla – Respondent


Advocates Appeared:
Keshav Dayal, Advocate, P.P. Ahuja, Advocate, Gaurav Jain, Advocate, Peeush Sharma, Advocate, Bharvi Thakur, Advocate, Kartikey Nayyar, Advocate, Respondent No 1 In Person, Advocate

JUDGMENT

Prathiba M. Singh, J. - The present petition has been filed challenging the order of the Rent Control Tribunal (hereinafter, ''RCT'') dated 11th March, 2019 as also the order of the Assistant Rent Controller (hereinafter, ''ARC'') dated 21st April, 2018. A petition was filed under Section 14(1)(b) of the DRC Act by the Respondent - Mr. Bhagwant Singh Pabla (hereinafter ''landlord'') against the Petitioners - Sh. Arun Kumar Jain, Smt. Archana Jain (hereinafter ''tenants'') and M/s. Ritika Advertising Pvt. Ltd. The ARC, by the impugned order allowed the eviction petition primarily on two grounds i.e.

    (i) that the findings in a judgment rendered by a Civil Court dated 29th March, 2004 in a suit for injunction filed by the Respondent - landlord would be binding between the parties; and

      (ii) that the running of a company by the name Ms. Ritika Advertising Pvt. Ltd. and a third party company in the tenanted premises would constitute sub-letting.

      2. The said decree was challenged before the RCT by the tenants. The ld. RCT vide the impugned judgement dated 11th March, 2019 has held that the non-challenge to the findings rendered by the Civil Court on the earlier occasion in the sui

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