GANDHI TYAGI Vs. URMILA

JUDGEMENT

(1.) THE brief facts are that the suit premises was let out to the petitioner by one Sh. Hari Ram Tyagi who expired on 1st September, 1988 leaving behind wife and six daughters. He had no son. His nephew Virender Kumar Tyagi filed an eviction petition on the ground of non-payment of rent by the petitioner who had failed to pay or tender the rent with effect from 2 nd August, 1993 despite of notice dated 28th April, 1994.

(2.) THE petitioner before the trial court contested the case by taking two pleas. One was that he was adopted son of Sh.Hari Ram Tyagi and second was that Sh.Hari Ram Tyagi executed a Will dated 26 th August, 1988 in his favour. As far as second point is concerned, no doubt the proceedings initiated by the petitioner for probate are pending. Both the parties produced their respective evidence before the Additional Rent Controller who after hearing found that in view of the no objection certificate issued by Sh.Hari Ram Tyagi in favour of the petitioner that he had no objection in petitioner taking electricity connection in the suit premises as the petitioner was tenant which was Ex.AW2/5, the relationship of landlord and tenant stood proved. No objection certificate had been filed by the petitioner in the office of NDPL and the said fact was admitted by the petitioner in his statement in Court. The petitioner had also filed the rent receipt Ex.RW1/A1 issued by Hari Ram Tyagi in his favour in the office of NDPL.

(3.) THE following is the detail which shows that the litigation fought by the petitioner in various forums and ultimately followed by separate order passed by DJ&ASJ-in-Charge(West)/ARCT, Delhi, who dismissed both the appeals filed by the petitioner by order dated 9th August, 2011: