Surinder Singh Nijjar, J. - (1.) In this special leave petition, the petitioners have challenged the judgment of the Delhi High Court in a Writ petition under Article 227 of the Constitution of India, CM (M) No. 516 of 2007, dated 23rd March, 2009, whereby the High Court has quashed and set aside the order passed by the Additional Rent Control Tribunal ("ARCT" for short) dated 12th March, 2001, upholding the order passed by the Additional Rent Controller ("ARC" for brevity).
(2.) Heard counsel. Leave granted. The facts, as noticed by the High Court, are that the appellants are claiming themselves to be the landlords in respect of premises constructed on the plot of land No. 2, Block B, transport area of Jhandewalan Estate, Desh Bandhu Gupta Road, Karol Bagh, New Delhi.
(3.) In the eviction petition, it was stated that the premises were let out to respondent No. 2, Delhi Transport Corporation (for short "DTC"), on a monthly rental of Rs. 3500/-. DTC has sublet/assigned the premises in favour of respondent No. 1, Municipal Corporation of Delhi (for short "MCD") and parted with possession in favour of MCD without the written consent of the appellants. Therefore, both DTC and MCD were liable for eviction. The High Court has noticed the sequence of events since the transport services were being run by Gwalior Northern India Transport Company (for short "GNIT") to the time when DTC stepped into its shoes. The appellants claimed that the tenancy of the premises was with DTC. MCD had, however, claimed that the legal possession was retained by MCD; rent was being paid by MCD to DTC.;