ARUN CHOPRA Vs. CHANDRA ASSOCIATES PVT LTD

JUDGEMENT

(1.) The orders under challenge in the present proceedings, preferred under Article 227 of the Constitution of India, emanate from Eviction Petition 6087/2016 (Chandra Associates Pvt. Ltd. v. Krishna Gupta and Anr.). The petitioner Arun Chopra was Respondent 2 in the said eviction petition, Respondent 1 Chandra Associates Pvt. Ltd. ("CAPL Ltd", hereinafter) was the petitioner and Respondent 2 Krishna Gupta was Respondent 1 therein.

(2.) For ease of reference, the parties shall be referred to by their respective names.

(3.) CAPL, in its eviction petition, set up a case of the suit property, located at A-15A, Hauz Khas, New Delhi having been previously owned by one Dr. R.K. Gupta. CAPL pleaded that R.K. Gupta had sold the suit property to CAPL by a registered sale deed, and that Krishna Gupta was, at that time, a tenant in the property. It was further pleaded that, consequent to purchasing the property, CAPL asked Krishna Gupta to hand over possession of the property, but that she failed to do so. It was alleged that, rather, Krishna Gupta had sublet the suit premises to the petitioner Arun Chopra without the consent of the owner Dr. R.K. Gupta on 21/5/1981.