PURSHOTTAM LAL ANAND Vs. MARIANO DSOUZA

JUDGEMENT

(1.) . Marina D'Souza, the respondent was inducted as a tenant on the first floor of house No.34/l 1, East Patel Nagar, New Delhi by late Sh. Sat Dev Sawhney who was the owner/landlord of the premises in question. The first floor of this house was let out to the respondent, on 1st march, 1972. The owner/landlord Sat Dev Sawhney died at Delhi on December 12,1987bequeathingthispropertybyvirtueofawilldatedJune21,1974,the ground floor to his adopted daughter and first floor namely the premises in question as well as the second floor to the petitioner. Thus the petitioner Purshottam Lal Anand, became the owner in respect of the premises in question after the death of Sat Dev Sawhney's wife, Smt. Shakuntala Sawhney. The will was executed on April 9, 1990. The respondent/ tenant after the death of Sat Dev Sawhney attorned the petitoner/landlord with effect from 1st May, 1990.

(2.) . The petitioner on account of his personal bonafide need and requirement, as his family consisted of himself, his wife, four daughters and one son, asked the respondent to vacate the portion in his occupation. The petitioner being a central government employee was going to retire with effect from 31st January, 1991. Since th erespondent did not vacate the premises, hence he filed the petition under Section 14C (2) read with Section 25(B) of the Delhi Rent Control Act (hereinafter called the 'Act').

(3.) . Respondent took the plea that this case does not fall under Section 14C of the Act. The petitioner was not the owner/landlord of the property in question and that the will having not been probated cannot be relied upon as it is bogus. Hence no right, tide or interest flow in favour of the petitioner on account of this bogus will.