MOHD DAWOOD Vs. SHABEER AHAMED

JUDGEMENT

(1.) The petitioners had filed eviction petition being Suit No. E-247/88 against the respondent on the ground that they bona fide require the premises for their residence and for the residence of their family members dependent upon them as they did not have any other reasonable, suitable and alternative accommodation for their living. The respondent denied ownership of the petitioners or their predecessor- in-interest. Mohd. Yahya s/o Abdul Ghani was claiming the ownership. He took the defence that the premises were taken on rent by his father Mr. Abdul Hamid. After his death, all the legal heirs became tenants. The three brothers of the respondent were not joined, therefore, the petition was bad for their non-joinder. The Additional Rent Controller held that father of the respondent was never a tenant. The respondent alone was a tenant. Therefore, there was no question of his brothers inheriting the tenancy. The petition/suit was however dismissed by order dated 7th December, 1993 as the petitioners failed to prove their bonafide requirements. Against that order the petitioner filed Civil Revision No. 142/94. During the pendency of civil revision, the respondent No. 3 sought time for vacating the premises. He gave an undertaking to the Court that he would vacate the suit premises and hand over vacant and peaceful possession of the suit premises to the petitioner on or before 30th April,2003. He further undertook to pay the arrears of rent on or before 31stDecember, 2000 and to pay the future rent/occupation charges on or before the 10th day of each succeeding month. Further he undertook not to create any third party interest in the suit premises and to making the suit premises in a proper and habitable condition. The undertakings were accepted by order dated 18th October, 2000 passed in CR No. 142/94.

(2.) The petitioner alleges that despite the undertaking given, the respondent failed to hand over vacant and peaceful possession of the premises to the petitioner. The respondent further failed to pay the rent of April, 2003 amounting to Rs. 55/-.

(3.) In reply, the respondent stated that he had complied with undertaking dated 18th October, 2000 and had already vacated the premises about two years back and shifted along with his entire family members at Mohalla Mebathiain Pipal Wali Masjid, 10/332, Dadri (Gautam Budh Nagar)-203207.