DALJIT DUTTA Vs. SUKH DEV MONGIA

JUDGEMENT

(1.) This is a revision petition filed by the petitioner against the order dated 18.12.2014 passed by the learned Additional Rent Controller, (Central), Tis Hazari Courts, Delhi rejecting the leave to defend application of the present petitioner-tenant in an Eviction Petition No.E-791/14 titled Sukh Dev Mongia v. Daljit Dutta and passing an eviction order.

(2.) I have heard the learned counsel for the petitioner as well as the learned counsel for the respondent-landlord. I have also gone through the record.

(3.) Briefly stated the facts as alleged in the eviction petition are that the property No.4759, Deputy Ganj, Sadar Bazar, Delhi was owned by M/s. Debi Prasad & Sons. Respondent Sukhdev Mongia along with one Santosh Jain had purchased the aforesaid property in the year 1984 from M/s. Debi Prasad & Sons. It was stated in the eviction petition that on 14.07.2011 the suit property was partitioned mutually by the respondent Sukh Dev Mongia and Santosh Jain and a Partition Deed was also drawn. The present petitioner was a tenant in respect of one room and a kitchen on the ground floor with a common latrine, bathroom and an open courtyard on the ground floor and another room on mezzanine floor, more particularly shown in red in the site plan attached to the eviction petition. The petitioner was inducted as a tenant by the erstwhile owner M/s. Debi Prasad & Sons and by virtue of the suit property having been purchased by Sukh Dev Mongia and Santosh Jain the present petitioner became the tenant under them. It is also stated that after the partition, the tenanted portion fell to the share of Sukh Dev Mongia and thus Sukh Dev Mongia was stated to be the landlord of the petitioner and the owner of the present premises.