R.K.Gauba, J. - (1.)The petitioner is aggrieved by the orders dated 09.07.2012 of the Additional Rent Controller and dated 29.07.2017 of the Rent Control Tribunal on his prayer for an order to be passed under Section 15 (1) of Delhi Rent Control Act, 1958, against the respondent in the context of his petition (E-16/11) seeking an order of eviction on the ground of non-payment of rent under Section 14 (1) (a) of Delhi Rent Control Act, 1958 respecting shop no. 7 (private) in premises no. 3- A/112, Sat Nagar, W.E.A., Karol Bagh, New Delhi-110005.
(2.)The respondent does not dispute in the pleadings that he is a tenant in the said shop. The petitioner has brought the case for eviction on the ground that the respondent is an old tenant, paying rent at Rs.330/- per month which is subject of increase at 10% under Section 6-A of Rent Control Act, 1958. It is his case that the tenancy is subject matter of the rent agreement and that rent when paid was duly acknowledged by receipts, copies of the rent agreement and counter-foils of the rent receipts being part of the material on which the petitioner places reliance. According to the case of the petitioner, the respondent had run into arrears of rent it not having paid or tendered, with effect from 01.05.1995, this inspite of notice of demand issued on 111.2010 as was duly served. The respondent is contesting the said proceedings by denying that he is the tenant under the petitioner, his averments being that he is a tenant under Delhi Development Authority (DDA) since 01.01.1989 and further that he has been regularly "tendering the rent" to DDA.
(3.)The Additional Rent Controller found no case made out for an order under Section 15 (1) of the Delhi Rent Control Act, 1958, being passed for the reason that the respondent had raised the dispute about absence of landlord-tenant relationship between the parties. This view has been upheld by the Rent Control Tribunal dismissing the appeal (RCT Appeal No. 30339/2016) by order dated 29.07.2017.