Ram Shankar Dubey vs Sharda Nand Seva Sangh (Regd.)
1991 Latest Caselaw 696 Del

JUDGMENT

S.C. Jain, J.

1. Heard. This is a second appeal against the order passed by the Rent Control Tribunal on 23.8.91 confirming the order of the Addl. Rent Controller evicting the petitioner from the suit premises under Section 14(1)(i) of the Delhi Rent Control Act. The petitioner was employed by the respondent Society and his services were dispensed with on 31.12.1983. He has challenged his termination before the Labour Court. In the eviction petition before the Courts below the plea of the petitioner has been that he came into possession of these premises as a tenant much before joining the service with the respondent society and he was paying rent at the rate of Rs.20/-per month and therefore, he is not liable to be evicted under Section 14(1)(i) of the Delhi Rent Control Act. As the petitioner has already challenged the order of termination before the Labour Court, he cannot be evicted from the suit premises.

2. I have gone through the record. There is concurrent finding of both the Courts below that the petitioner is not a tenant in the suit premises as alleged by him. He came in possession as an employee of respondent society and after termination of his service he is liable to be evicted from the suit premises under Section 14(1)(i) of the Delhi Rent Control Act. The mere fact that he has challenged his termination is of no avail. There is no merit in this second appeal. Dismissed. Record be sent back.