RAJNI GUPTA Vs. SANJAY GUPTA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the impugned order dtd. 12/5/2022 passed by the learned Additional District Judge-03, Central District, Tis Hazari Courts, Delhi (hereinafter referred as 'Trial Court') in CS DJ No.170/2021 titled as 'Rajni Gupta vs. Sanjay Gupta and Anr. ' whereby the petitioner/plaintiffs application under Order XII Rule 6 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') was dismissed by the learned Trial Court.

(2.) According to the averments in the plaint, the petitioner is the owner of the property bearing No.2782, Gali Arya Samaj, Bazar Sita Ram, Delhi 110006 ('Suit Property') by virtue of a sale deed dtd. 27/3/2009. The respondents herein as well as their predecessors were tenants of the suit property.

(3.) The petitioner sent a legal demand notice to the respondents, demanding payment of rent. However, since the notice was to no avail, the petitioner was compelled to file an eviction petition under Sec. 14(1) (a), (d) and (h) of the Delhi Rent Control Act, 1958 ('DRC Act'). The respondents thereafter filed their written statement whereby they claimed ownership of the suit property. Since the respondents had renounced landlord-tenant relationship, the petitioner filed the present suit for possession against the respondents.