KAPOOR CHAND AND ORS Vs. PRABHU DAYAL

JUDGEMENT

(1.) This rent control revision petition is filed under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') impugning the judgment of the Additional Rent Controller (ARC) dated 05.7.2011 by which the bonafide necessity eviction petition filed under Section 14(1)(e) of the Act has been decreed after trial and final arguments of the parties.

(2.) The suit/tenanted premises is I-198, Bapa Nagar, Karol Bagh, New Delhi. This property belonged to one Sh.Jai Ram who died on 25.8.1968 leaving his property to his daughter Smt.Kalawati. Smt. Kalawati also died on 03.12.1968. Smt. Kalawati had executed a Will (Ex. AW3/5) dated 02.7.1987 in favour of the respondent/landlord, and who filed the subject bonafide necessity eviction petition stating that he is living in a rented accommodation, and therefore he needs the suit/tenanted premises for residence of himself and his family which comprises besides the respondent/landlord and his wife, their four children in the age group of 3 to 10 years, the ages are those when the eviction petition was filed in the year 1992 i.e around 22 years back. The respondent/landlord was living in the rented accommodation of one room and a kitchen. The respondent also stated that his landlord wanted him to vacate the tenanted premises, and therefore the respondent/landlord needed the suit/tenanted premises.

(3.) The only and the main defence of the present petitioners, and who are the legal heirs of one Sh.Kapoor Chand, was that they and their predecessorin-interest Sh.Kapoor Chand were/was the owner of the suit/tenanted premises by adverse possession, and in fact Sh.Kapoor Chand with his own funds raised a super structure on the land in the year 1962.