SURENDER KUMAR GUPTA Vs. MAHESH

JUDGEMENT

(1.) This hearing has been held by video conferencing.

(2.) The learned counsel for the petitioners has vehemently argued that the respondents have failed to prove themselves to be the owners of the shops in question that is Shop Nos.368/2 and 368/3 in property bearing No.H-368, Ward No.4, Mohalla Imambara, Delhi-110030 (hereinafter referred to as the 'tenanted shops').

(3.) In this regard, the learned counsel for the petitioners submits that in the eviction petition filed by the respondents, it was asserted that the property in question was owned by Late Sh. Hazari Lal, grandfather of the respondents, however, no document substantiating such claim was filed by the respondents on record. He submits that in the eviction petition, it was further mentioned that the property was thereafter gifted by Late Sh.Hazari Lal to his wife-Smt. Vidyawati alias Bhuddu. The gift deed which was filed by the respondents on record, however, is in favour of 'Bhuddu', who has not been identified in the gift deed as the grandmother of the respondents and therefore, whether this gift deed in fact named Smt.Vidywati as the owner of the property will be a disputed question of fact to be determined in the trial, for which Leave to Defend was to be granted in favour of the petitioners.