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DELHI HIGH COURT
AMIT BANSAL
Dev Raj – Appellant
Versus
Saroj Singhal – Respondent
| Table of Content |
|---|
| 1. tenant's arguments against eviction order (Para 4 , 5) |
| 2. standard of review for article 227 petitions (Para 6 , 15 , 17) |
| 3. clarification on commercial vs industrial use (Para 7 , 8 , 9 , 10) |
| 4. findings on misuse and evidentiary support (Para 11 , 12 , 13 , 14) |
| 5. court's final dismissal of the tenant's petition (Para 16 , 18) |
JUDGMENT
Amit Bansal, J. The present petition under Article 227 of the Constitution of India impugns the order dated 4th October, 2021 passed by the Rent Control Tribunal (RCT), Central, Tis Hazari Courts, Delhi in RCT No. 30191/2016, whereby the appeal filed on behalf of the petitioner (hereinafter referred to as the `tenant') against the order dated 7th October, 2013 passed by the Additional Rent Controller (ARC) in Case No. E-159/13/1996, has been dismissed.
2. The counsel for the caveator/respondent no.6(ii) appears on caveat and therefore, submissions of both the counsels have been heard.
3. Brief facts as recorded in the orders of the ARC and RCT are set out hereinafter:
3.1. The premises bearing no. B-1074, Shastri Nagar, Sarai Rohilla, Delhi-110052 (hereinafter referred to as the `subject property') was let out by Sh. Bela Ram Sin
Modification of tenancy use from commercial to industrial without consent constitutes misuse as per applicable rent control legislation, warranting eviction.
Point of Law : Jurisdiction of this Court under Article 227 of the Constitution of India has to be very narrowly construed in the context of provisions of the DRC Act, especially when there are two c....
It is true that the lower appellate court should not ordinarily reject witnesses accepted by the trial court in respect of credibility but even where it has rejected the witnesses accepted by the tri....
The mandatory nature of Section 14(2) of the DRC act and the landlord's remedy to file a civil suit for possession when the tenant denies the landlord-tenant relationship.
Material impairment of value or utility of premises justifies eviction under Section 22(2)(c) of the Act.
The High Court reaffirmed that summary eviction procedures apply to both residential and commercial premises under the Delhi Rent Control Act, based on legislative intent and precedent case law.
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