SUDHAKAR SINGH Vs. SUNIL BATRA

JUDGEMENT

(1.) THESE four petitions are directed against the four orders dated 4.11.2011 of the Additional Rent Controller (ARC), whereby the leave to defend applications of the respondents in the four different eviction petitions filed by the petitioner against them, were allowed.

(2.) THE present petitions are filed by the petitioner against the respondents who were facing evictions in separate eviction petitions. In all the four cases, the learned ARC has granted leave to defend to the respondents, observing that the respondents have been able to raise triable issues as regard to the claim of ownership of the tenanted premises by the petitioner as also his bona fide requirement of the same.

(3.) ACCORDING to the ARC, the respondents have been able to raise the triable issue regarding the ownership of the petitioner inasmuch as the electricity and water bills as also the rent receipts of the tenanted premises, are in the name of Gurcharan Singh, brother of the petitioner. During the course of the arguments today, the learned counsel appearing for the petitioner has strongly disputed this observation of the ARC, alleging that the electricity bills or water bills do not confer any right of ownership on the brothers of the petitioner Gurcharan Singh or Joginder Singh. It was his submission that as per the family settlement of 28.01.1987, the tenanted premises fell in the share of the petitioner. He has also drawn my attention to the copy of the said settlement placed on record, as also the letter of the year 1997 purported to be issued by the MCD in the name of his brother Joginder Singh regarding mutation of the premises bearing No. 16E/919-24, Bapa Nagar, Karol Bagh as also E-929, Bapa Nagar, Tank Road. Based on this premise, it is sought to be urged that all these premises have fallen to the share of his brother Joginder Singh. Similarly, he has also drawn my attention to another letter of MCD dated 28.08.1997 of mutation in the name of the petitioner in respect of the tenanted premises. In other words, his submission is that as per the family settlement as also the mutation, the tenanted premises can be seen to be owned by the petitioner, whereas other properties being 16E/919-24, Bapa Nagar, Karol Bagh as also E-929, Bapa Nagar, Tank Road to be owned by his brother Joginder Singh.