LAWS(DLH)-2015-8-75

RAVINDRA DAYAL Vs. SHASHI MEHRA

Decided On August 07, 2015
Ravindra Dayal Appellant
V/S
Shashi Mehra Respondents

JUDGEMENT

(1.) Aggrieved by the order dated 12th September, 2011 whereby the eviction petition filed by the Respondent Shashi Mehra under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 (in short "the DRC Act") read with Section 25B of the DRC Act was allowed after the evidence was led by the parties, the Petitioner Ravindra Dayal prefers the present petition.

(2.) During the pendency of the proceedings the possession of the tenanted premises has already been taken over by the Respondent Shashi Mehra.

(3.) In the eviction petition Shashi Mehra stated that she was the owner and landlord of residential flat/premises bearing Municipal No.7A-1 (7A/1) originally part of property No. 7, Bela Road, Civil Lines, Delhi-110054 (in short the "tenanted premises"). The tenanted premises consists of two rooms, store, kitchen, verandah, toilet, a lawn on the ground floor and one room, covered verandah, toilet, stores and terrace on the first floor. It was stated that the tenanted premises being part of property No.7, Bela Road, Civil Lines was owned by Shri Ishwar Dayal, father of Shashi Mehra by virtue of a partition and an award which was made rule of the Court vide judgment and decree dated 27th October, 1972 passed by this Court in Suit No. 302/1972 titled as "Satishwar Dayal vs. Ishwar Dayal and others". Shri Ishwar Dayal executed a Will dated 18th September, 1974 duly registered with the Sub-Registrar whereby he created a life estate in respect of the property falling to his share, that is, four residential flats including the tenanted premises in favour of his wife Smt. Bhawani Devi @ Kashmiran Rani and after her death the said four residential flats devolved on their four daughters of which the tenanted premises devolved on Shashi Mehra. Ishwar Dayal died in the year 1983 and Smt. Bhawani Devi in the year 1986.