JAN ALAM Vs. REKHA

JUDGEMENT

(1.) The present revision petition has been filed by the Petitioner ('tenant') assailing the eviction order dtd. 6/3/2021 ('impugned eviction order'), passed by the Additional Rent Controller, Central, Tis Hazari Courts, Delhi ('Trial Court'), in ARC No. 77991/16, wherein post-trial, the eviction order has been passed in favour of the Respondent, landlady, in the eviction petition filed by her under Sec. 14(1)(e) of the Delhi Rent Control Act, 1958 ('DRC Act').

(2.) In this matter the impugned eviction order has been executed and the possession of the tenanted premises i.e., One room in Flat No. E-15, third floor, DDA Flats, Turkman Gate, Delhi ('tenanted premises') has been recovered by the Respondent, as recorded in the order dtd. 15/11/2021. In these circumstances, it was submitted by the Respondent that nothing survives for consideration in the matter, in view of the decision of Supreme Court in N.C. Daga v. Inder Mohan Singh Rana, (2003) 1 SCC 453. However, learned counsel for the Petitioner, tenant, is seeking adjudication of the present petition on merits and states that he has instructions from the Petitioner No.1, who is present in Court, to proceed with the matter.

(3.) Learned counsel for the Petitioner states that the primary contention on which the Petitioner has impugned the eviction order is that the Respondent herein is neither the owner, nor the landlady, of the tenanted premises. He states that the recorded owner of the property is late Sh. Hardwari Lal Verma ('original owner'), who had executed an unregistered Will dtd. 16/6/1984 ('unregistered Will') in favour of Mr. Jan Alam, the now deceased father of the Petitioners herein. He admits that Mr. Jan Alam was not related to the original owner and states that the said unregistered Will was executed by the original owner out of love and affection.