Shanti Swaroop Thr Lrs v. Badri Bhagat Jhandewala Temple Society Thr Secy

RAJIV SAHAI ENDLAW, J. JULY 11, 2017 Bs.

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 11th July, 2017 + CM(M) 294/2012 SHANTI SWAROOP THROUGH LRS ..... Petitioner Through: Mr. S.S. Panwar, Adv. Versus BADRI BHAGAT JHANDEWALA TEMPLE SOCIETY ......Respondent Through: Mr. Alok Kumar and MR. Amit Kumar Singh, Advs. AND + CM(M) 295/2012 SHANTI SWAROOP THROUGH LRS .... Petitioner Through: Mr. S.S. Panwar, Adv. Versus BADRI BHAGAT JHANDEWALA TEMPLE SOCIETY ......Respondent Through: Mr. Alok Kumar and MR. Amit Kumar Singh, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. These petitions, both under Article 227 of the Constitution of India, impugn the common judgment dated 19th September, 2011 of the Rent Control Tribunal (RCT) in two appeals, one preferred by the respondent/landlord and the other by the petitioner/tenant, against the order dated 6th September, 2007 of the Additional Rent Controller (ARC) in a petition filed by the respondent/landlord for eviction of the petitioner/tenant under Section 14(1)(a), (c), (j) & (k) and Section 22 of the Delhi Rent Control Act, 1958. 2. The learned ARC found, (i) the ground of eviction under Section 14(1)(a) to have been made out; (ii) the ground of eviction under Section 14(1)(c) to have been made out; (iii) the ground for eviction under Section 14(1)(j) to have not been made out; and, (iv) the ground of eviction under Section 14(1)(k) to have been given up by the respondent/landlord and the learned ARC did not render any decision on the ground of eviction under Section 22 of the Act. 3. The petitioner/tenant appealed to the RCT against the finding of the ARC of a ground of eviction under Section 14(1)(c) of the Act to have been made out. 4. The respondent/landlord also appealed to the RCT against the dismissal of the petition for eviction under Section 14(1)(j) of the Act and against non-decision on the ground of eviction under Section 22 of the Act. 5. The counsel for the petitioner/tenant, on enquiry, states that pursuant to the ground of eviction under Section 14(1)(a) having been made out, the enquiry into whether the petitioner/tenant had complied with order under Section 15(1) of the Act and is entitled to the relief under Section 14(2) of the Act or not is still pending consideration before the ARC. 6. The RCT, vide the impugned judgment dated 19th September, 2011 has (a) dismissed the appeal of the petitioner/tenant; (b) dismissed the appeal of the respondent/landlord insofar as against the dismissal of the petition for eviction under Section 14(1)(j) of the Act; and, (c) allowed the petition for eviction under Section 22 of the Act. 7. Hence, there is an order of eviction of the petitioner/tenant, besides under Section 14(1)(a), also under Section 14(1)(c) and under Section 22 of the Act and qua which these two petition have been filed. 8. The petitions were entertained and vide ex-parte ad-interim order dated 21st October, 2011, the operation of the impugned order stayed. Resultantly, the petitioner since 21st October, 2011 has inspite of the order of eviction against him enjoyed possession of the premises. 9. The counsel for the petitioner/tenant points out that vide order dated 13th March, 2012, in accordance with Atma Ram Properties Vs. Federal Motors (P) Ltd. (2005) 1 SCC 705, the petitioner/tenant was directed to pay Rs.2,000/- per month instead of the rent earlier being paid of Rs.12/- per month and the petitioner/tenant has complied with the said order. 10. The counsels have been heard. 11. The case of the respondent/landlord is that the petitioner/tenant used the property, let out for residential purposes, for the purposes of manufacture and sale of furniture therefrom. 12. The counsel for the petitioner/tenant has in this regard challenged the finding qua the purpose of letting being residential only. It is contended that according to the petitioner/tenant, the premises were let out for commercial purposes only and hence there was no misuse thereof to attract Section 14(1)(c) of the Act.