BHAGWATI Vs. VIJAY RANI

JUDGEMENT

(1.) The present petition is directed against a judgment dated 30.10.2009 passed by the learned Additional Rent Controller, dismissing the leave to defend application of the petitioner/ tenant in an eviction petition filed by the respondent/landlady under Section 14(1)(e) read with Section 25-B of the Delhi Rent Control Act, 1958, in respect of one room with verandah in front of the said room situated on the ground floor of property bearing No.10258, Gali Ambale Wali, Manakpura, Karol Bagh, New Delhi.

(2.) The respondent filed an eviction petition in respect of the tenanted premises in occupation of the petitioner on the ground of bona fide requirement. She submitted that her grandmother, Smt. Javitri Devi (mother of her deceased father) was the owner of the entire property and during her lifetime, had executed a Will dated 5.9.1972 bequeathing the suit property in her favour. Smt. Javitri Devi expired on 12.9.1972 and upon her demise, the respondent became the sole and absolute owner of the suit property. It was further stated that earlier, the father of the respondent had been looking after the said property on her behalf.

(3.) The respondent averred in the eviction petition that in the year 1969, Smt. Javitri Devi had let out the tenanted premises to Sh. Murari Lal. Sh. Murari Lal was staying in the tenanted premises with his two brothers, namely, Sh. Jalim Singh and Sh. Yad Ram. The son of Sh. Jalim Singh shifted to another accommodation during the life of his father whereas Sh. Yad Ram, his son and daughter-in-law, Smt. Bhagwati (petitioner herein) remained with Sh. Murari Lal in the tenanted premises. Sh. Murari Lal is stated to have died issueless and upon his demise, at the request of the petitioner, the father of the respondent accepted her as a tenant in place of Sh. Murari Lal, in respect of the tenanted premises and the rent @ Rs.60/- is stated to have been paid by the petitioner.