JAGDISH CHANDER GULATI Vs. RAM CHAND LAKRAM

JUDGEMENT

(1.) The facts giving rise to this revision petition are that Shri Jagdish Chander Gulati and Smt. Bimla Rani Gulati, petitioners herein, agreed to purchase the house in dispute bearing No. 6/22, Eact Patel Nagar New Delhi from its owners Shri R.N. Sethi, B.N. Sethi and Smt. Kaushalaya Devi and an agreement to sell was duly executed on 13.1.78 and the sale consideration was settled at Rs- l,50,000.00 On payment of Rs. 75.000/ towards part of the sale consideration possession of the ground floor and barsati was handed over to them. The petitioners thus acquired the possession of the ground floor and barsati of these premises on 13.1.1978 The first floor remained in possession of the respondent Ram Chand Lakram Ralwani, who was the tenant under the previous owners. The sale deed was not executed in favour of the petitioners, which led them to file a suit for specific performance and this Court vide order dated 29.9.1983 passed a decree for specific performance in suit No. 838/80 directing the previous owners to execute the sale-deed of this property in favour of the petitioners subject to the petitioners paying the balance amount of sale consideration before the Sub Register. The sale deed was thus executed on 29.12.86.

(2.) In the year 1987, the petitioners filed a petition for eviction against the respondent under Section 14 (1) (e) read with Section 25B of the Delhi Rent Control Act on personal benefide requirement. The ownership of the petitioner was, however, disputed by the respondent. The Rent Controller found that the decree of specific performance was passed on 29.9.1983 and sale deed was executed in 1986 and the eviction petition was filed in 1987, i.e. before the expiry of five years from the date of acquisition of the property and in view of provisions of Section 14(6) of the Delhi Rent Control Act tho eviction petition was held to be not maintainable and it was dismissed as premature.

(3.) Aggrieved, this revision petition has been filed by the petitioners.