SEWA SINGH BHAMRA Vs. HARCHARAN KAUR

JUDGEMENT

(1.) ORDER impugned before this Court is the order dated 04.09.2011 whereby the trial Court had granted leave to defend to the tenant in pending eviction proceedings us 14 (1)(e) of the Delhi Rent Control Act (DRCA).

(2.) RECORD shows that the present eviction has been filed by the landlord Sewa Singh through his attorney holder Surinder Singh under Section 14 (1)(e) of the DRCA seeking eviction of his tenant from two shops, one shop on the ground floor as also the first floor of suit property bearing No. WZ/27-A (J-85), Milap Market, Beriwala Bagh, Hari Nagar, New Delhi which had been tenanted out to the tenant; initially the area under occupation of the tenant was only two shops on the ground floor; later on first floor was also let out to the tenant for his residence. Grounds of eviction are contained in para 18(a). It has specifically averred that the petitioner is the husband of Satwant Kaur who was the original owner of the aforenoted property; vide her Will dated 05.11.1990, she had bequeathed all her properties in favour of her husband including the present property; death certificate of Satwant Kaur dated 24.12.2004 is also a part of the record. Initially as a first argument, learned counsel for the petitioner has disputed the ownership of the petitioner; thereafter he has conceded to the status of Sewa Singh as the owner/landlord. Admittedly Satwant Kaur is the original owner of the suit property. There is also no dispute to the fact that the rent was being paid by the tenant to Satwant Kaur and thereafter to the present petitioner; the status of the present petitioner as the landlord/owner cannot be questioned.

(3.) THIS issue is accordingly answered in favour of the landlord.