LAWS(DLH)-2021-1-139

SALIM KHAN SINCE DECEASED Vs. RUKMANI DEVI

Decided On January 15, 2021
Salim Khan Since Deceased Appellant
V/S
RUKMANI DEVI Respondents

JUDGEMENT

(1.) This petition has been filed by the Petitioners-tenants challenging the Order dated 04.02.2020 (hereinafter referred to as the "Impugned Order") passed by the learned ACJ/ARC/CCJ, Patiala House Courts, New Delhi (hereinafter referred to as the "Rent Controller") in case RC ARC No. 5760/16, titled as Rukmani Devi vs. Salim Khan and Ors., whereby the application seeking leave to defend filed by the predecessor of the petitioners has been dismissed and their eviction has been ordered in respect to one room with a front varandah on the first floor of the property bearing no. WZ-549/A, Naraina Village, New Delhi-110028 (hereinafter referred to as the "Suit Property").

(2.) The respondent-landlady filed an eviction petition under section 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter referred to as "the Act") against the petitioners claiming to be the owner of the Suit Property comprising of ground floor and first floor. It was stated that the Suit Property was let out for residential purpose to one Mr. Salim Khan (predecessor of the petitioners), who expired during the pendency of the eviction petition. The petitioners being the legal heirs of Mr. Salim Khan are since contesting the present petition.

(3.) The respondent claimed title to the property by virtue of a registered Sale Deed dated 03.09.2010. The family of the respondent, as stated in the eviction petition, comprised of three sons, three daughters-in-law, seven grand-children, one unmarried and two married daughters, and a brother of her deceased husband. All members other than the married daughters were stated to be dependent upon respondent for residence/accommodation. It was further stated that the respondent required the Suit Property for residential bona fide use of the family of the respondent and had no alternate suitable accommodation.