SATISH KAPOOR Vs. KM ISHWARI ASSUDANI

JUDGEMENT

(1.) This intra-court appeal impugns the order dated 15.02.2012 of the learned Single Judge dismissing W.P.(C) No.3756/2011 preferred by the appellants. The said writ petition was filed impugning the order dated 04.05.2011 of the District Judge exercising powers as an Appellate Authority under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 dismissing the appeal preferred by the appellants against the order dated 20.08.2009 of the Estate Officer of the respondent No.3 Municipal Corporation of Delhi (MCD), of eviction of the appellants from premises bearing NO.M-4A, Block N, Malviya Nagar, New Delhi.

(2.) The aforesaid premises, in the year 1961 were let out by the predecessor of the respondents No.1&2 to the respondent No.3 MCD. The respondent No.3 MCD had in turn allowed the mother of the appellants who was employed with the respondent No.3 MCD, to occupy the said premises as her residence. The respondents No.1&2 as owners of the premises, vide Agreement dated 19.01.1982 agreed to sell the same to the mother of the appellants. However, no Sale Deed was executed in pursuance to the said Agreement to Sell. The mother of the appellants died on 24.07.1989. The appellants along with their sister in or about the year 1994 instituted a suit for specific performance of the said Agreement to Sell. The said suit was however dismissed as barred by limitation, vide judgment dated 02.05.1995. The appeal being RFA No.127/1996 preferred thereagainst was also dismissed on 06.03.1996. The said judgment has attained finality. The appellants however continued in possession of the premises.

(3.) The respondent No.3 MCD in or about the year 2006 initiated proceedings under the PP Act for eviction of the appellants from the said premises. As aforesaid, the Estate Officer passed an order of eviction and the statutory appeal preferred by the appellants has also been dismissed.