GURBACHAN SINGH AWLA Vs. RAJINDER SINGH

JUDGEMENT

(1.) The petitioner is a tenant on the first floor of propertybearing No. F-119, East of Kailash, New Delhi. The respondents claim to be theowners of this property and the landlords of the petitioner.

(2.) The respondents had filed an eviction petition under Clause (e) of theproviso to Section 14(1) of the Delhi Rent Control Act, 1958 (hereinafter referred toas the Act). The case of the respondents was that the suit premises were originallyowned by one Smt. Krishna Kumari. She had sold the entire property to thepetitioners by a conveyance deed executed on 24/10/1996 but the sale waswith effect from 18/11/1992.

(3.) The petitioner filed an application alongwith an affidavit before the learnedAdditional Rent Controller seeking leave to defend the eviction petition. He deniedthe title of the respondents. According to the petitioner, Smt. Krishna Kumari hadsold the property to Jagdish Arora and Uma Arora. She had sent a notice to this effectto the petitioner. Jagdish Arora had also confirmed the transaction by a notice dated 9/10/1992 sent by his Advocates. The petitioner also stated that as per theeviction petition itself the conveyance deed was executed in favour of the respondents only on 24/10/1996 and as such, in view of the provisions of Section14(6) of the Act the eviction petition was not maintainable.