VEENA WIG Vs. SWATANTRA

JUDGEMENT

(1.) THIS petition under Section 25B(8) of the Delhi Rent Control Act, 1958 has been filed against the impugned judgment of the Additional Rent Controller dated 19.3.2011 by which the Additional Rent Controller has dismissed the application for leave to defend filed by the present petitioner/tenant. The tenanted premises are one shop and Mari (one room over the shop) in the premises bearing no.2336, Fatak Habas Khan, Tilak Bazar, Khari Baoli, Delhi -06.

(2.) THE original owner/landlord of this property was the father of the petitioners/respondent nos.1 & 2 herein, late Sh. Khilanda Ram Dua, who died on 01.9.1994. Late Sh. Khilanda Ram Dua is stated to have executed a Will dated 20.3.1993 whereby the entire subject property including the tenanted shop and Mari was bequeathed to the petitioners (daughters) in the court below (respondent nos. 1 & 2 herein). Late Sh. Khilanda Ram Dua also had a property at E -24, Bunglow Road, Kamla Nagar, Dehi and which was bequeathed by him as per the Will to his four sons.

(3.) BEFORE me, learned counsel for the petitioner/respondent no.1 and before the Additional Rent Controller, has urged the following grounds for setting aside the impugned judgment: