ASHOK KUMAR MEHRA Vs. KULDEEP KUMAR MEHRA

JUDGEMENT

(1.) This revision petition under Section 25B(8) of Delhi Rent Control Act, 1958 (for short 'Act') has been filed by the petitioners against judgment dated 17th September, 2009, passed by Additional Rent Controller, Delhi, vide which respondent's eviction petition was allowed and eviction order was passed in favour of respondent and against the present petitioners.

(2.) Brief facts are that respondent (Petitioner-Landlord in the trial court) filed an eviction petition in respect of one room, one verandah, one store, one kitchen, one bathroom, one latrine, one room with asbestos sheet roof in the court yard, open court yard on the ground of floor and two rooms, one kitchen, covered terrace on the first floor of the building bearing No. XIV/11152/8, Rashid Ahmed Building, New Rohtak Road, New Delhi; against petitioners (Respondent-Tenant in the trial court).

(3.) It is stated that respondent is the owner/landlord of the premises in question. This property was purchased by father of the respondent, namely Sh. Ranbir Lal Mehra on 16.3.1967. Predecessor-in-interest of the petitioners along with the petitioners were already in occupation of the building and using the same as tenant for the purpose of residence and by operation of law the said predecessor-in-interests of the petitioners became tenants of the father of respondent, on the same terms and conditions. The ownership of respondent and his mother Smt. Pushpa Mehra over the premises in question, stands conclusively proved by the judgment and decree passed by Sh. D.K. Malhotra, Civil Judge, Delhi in suit bearing No. 728/96, decided on 18.1.1997.