NUSARAT TABASSUM Vs. N D M C

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India has been filed by the Petitioner against the impugned order dated 5.4.2010 passed by the Trial Court, wherein the Trial Court has condoned the delay in filing an appeal in favour of the Respondent.

(2.) The brief facts of this case are that the shop No. 195, Palika Bazar, Cannaught Place, New Delhi was allotted to the 2nd Respondent by the 1st Respondent Council on license basis. Subsequently the Petitioner joined the 2nd Respondent in terms of partnership deed dated 2.5.2003. However, the partnership suffered dissolution in view of the dissolution deed dated 25.8.2003 according to which the Petitioner remained in occupation of the shop in question with full knowledge and notice of the Respondent Council. The shop was regularized by the 1st Respondent in the name of the Petitioner. Since the term of the license expired, the Respondent (NDMC) approached the Estate Officer for seeking eviction of the Petitioner and Respondent No. 2 from the premises in question on the ground that they are occupying the premises unauthorized.

(3.) The Estate Officer issued show cause notice under Section 4(1) of the Public Premises (Eviction of Unauthorized Occupants) Act on 13.7.2005. The Respondent council contested the matter and the same was rejected by the Estate Officer vide order dated 7.9.2009.