SHYAMWATI DEVI Vs. ASHWANI SAINI

JUDGEMENT

(1.) In this petition under Article 227 of the Constitution of India, the petitioners/plaintiffs are aggrieved by the fact that learned Senior Civil Judge-cum-Rent Controller, Karkardooma Courts, Delhi ('learned SCJ-cum-RC') has dismissed an application filed by them under Order XII Rule 6 read with Sec. 151 of the Code of Civil Procedure, 1908 ('CPC') vide impugned order dtd. 4/5/2023 in the Civil Suit bearing No.331/2021 titled as 'Smt. Shyamwati Devi and Anr. vs. Shri Ashwani Saini and Ors".

(2.) A brief set of facts leading to the present petition are that the petitioner no.1 let out the suit property bearing No. IX/5067, Jeet Singh Market, Main Road, Shanti Mohalla, Gandhi Nagar, Delhi 110031 to the predecessors of the respondents. The petitioner no.1 had authorized her son, petitioner no.2, to collect rent on her behalf. Upon the death of their predecessors, the respondent nos.1 and 2 as their surviving legal heirs, inherited tenancy and on a request made by them, respondent no.3 was also inducted as a tenant.

(3.) The respondents had regularly been paying rent to the petitioners up to the month of January 2021, wherein they defaulted and thereafter stopped paying rent. Aggrieved by the actions of the respondents, the petitioners sent them a legal notice dtd. 18/2/2021, whereby the respondents were asked to vacate the suit property and hand over vacant and peaceful possession of the same by 7/3/2021, along with the arrears due at Rs.5,000.00 a month. The notice further stated that in case the respondent failed to hand over possession of the suit property, they would be liable to pay use and occupation charges at the prevailing market rate.