SUDESH SHARMA Vs. RAGHBIR KAUR BHATIA

JUDGEMENT

(1.) The appellants in this second appeal are two daughters, now married, of the original tenant, Shri Shiv Kumar Sharma, who died on 28th May 1982.

(2.) A brief resume of the facts reveals that the respondents, who are owners/landlords of the premises being shop No. 23/10, East Patel Nagar, New Delhi, filed an eviction petition on the ground of non-payment of rent in March 1985, impleading the widow and three sons of the deceased tenant as respondents. The said respondents contested the matter, but after hearing the parties and taking note of the pleadings, an order under Section 15 (1) of the Delhi Rent Control Act, 1958 (for short 'the Act') was passed. Pursuant to non-compliance of the order, on the part of the respondents, passed under Section 15 (1) of the Act, an order u/Sec. 15(7) striking out the defence of the respondents was passed on 19.3.1986, followed by an eviction order, on the ground of non-payment of rent, passed on 21.4.1986.

(3.) The appeal filed by the judgment-debtors met with failure, having been dismissed by order dated 10.10.1986 by the Rent Control Tribunal. The landlords thereafter took out the execution proceedings, and it was then that two out of the four daughters of the deceased tenant, named, Renu Sharma and Kavita Sharma filed objections under Section 25 of the Act contending that the tenancy premises being of commercial nature, the tenancy rights were inherited by all the legal heirs of the deceased tenant, namely, the widow, three sons as well as four daughters, but neither notice of demand had been served on the objectors, nor they were impleaded in the eviction petition. They further alleged that the eviction order was suffered by their mother and three brothers incollusion with the landlords and that they were kept in the dark and were not bound by the eviction order.