MOHD RAISUDDIN Vs. MOHD DIN

JUDGEMENT

(1.) ORDER impugned is the order dated 30.10.2010; application filed by the tenant seeking leave to defend had been dismissed; eviction petition filed by the landlord seeking eviction of his tenant Mohd. Raisuddin from the disputed premises comprising of two rooms; common latrine-bathroom and verandah in a part of property No.1853, Katra Sheikh Chand, Lal Kuan, Delhi had been decreed.

(2.) THE eviction petition disclosed that the landlord claims himself to the owner of the disputed premises; to support his submission a registered sale deed dated 15.12.1998 had been placed on record whereby the earlier landlord Bal Kishan Monga had sold this property in favour of Mohd. Din (the present landlord); the name of the petitioner/tenant (Mohd. Raissuddin) occupying the ground floor of the premises as a tenant has also been mentioned in this registered sale deed.

(3.) THE application seeking leave to defend has been perused. THE whole bone of contention raised by the defendant and urged today is that there is no relationship of landlord and tenant between the parties and the landlord is in fact not the owner of the property; his contention is that this property had been purchased by his wife by an agreement to sell; no date of the agreement has been mentioned; no document including the alleged agreement to sell has been placed on record; contention of the petitioner/tenant is that because of a dispute with his wife this document could not be obtained. He has no answer to the specific query put to him that the landlord has a registered sale deed in his favour wherein the status of the landlord as owner has been verified and this sale deed also makes a mention of the fact that the present petitioner (Mohd. Raisuddin) is a tenant in the aforenoted premises;