DEV RAJ GUPTA Vs. DAULAT RAM PUBLIC TRUST

JUDGEMENT

(1.) This judgment will dispose of two other connected petitions C.M. (Main) 125 and 127 of 1971. It will be sufficient to state the facts pertaining to Civil Miscellaneous (M.) 126. The petitioner claims to have been inducted into premises No. 849, Joshi Road, Karol Bagh, New Delhi with effect from 1-4-1965 by Dr. N. C. Joshi Nursing House managed by Dr. Joshi.Memorial Hospital Society (Regd.) and to occupy two rooms, one store, kitchen, latrine and a common court-yard since then. He claims that the said premises were given to him for his occupation by the above Society since he was retained as a Legal Adviser for the said Hospital.

(2.) It is common ground that on 20-11-1970 the entire premises including the portions in the occupation of the petitioner were requisitioned by the Collector, Delhi under the Requisitioning and Acquisition of Immovable Properties Act, 1952, challenging which a writ petition has been filed (No. 1391 of. by the petitioner. Stay of dispossession was also granted to him and the writ petition is still pending. Other occupants of the said premises had also filed similar writ petitions and obtained similar orders of stay.

(3.) On 2-2-1971 the first respondent (Messrs Daulat Ram Public Trust) obtained an order for eviction against Miss Nirmala Joshi alleging that she was the tenant. Execution proceedings were also filed on the foot of the said decree for eviction.