MAYA DEVI Vs. RAFEEQA KHATOON

JUDGEMENT

(1.) The petitioner impugnes the order dated 5th July, 2011 whereby the appeal of the petitioner against the order dated 14th February, 2011 not granting the benefit under Section 14(2) of the Delhi Rent Control Act (in short the DRC Act) and directing the petitioner to evict the tenanted premises was dismissed. In execution of the impugned order dated 5th July, 2011 passed by the learned ARC the possession of the premises has been taken over by the respondent/ landlord in May 2012 and the present petition was preferred only in January 2013.

(2.) The respondent filed an eviction petition under Section 15(1)(a) of the DRC Act stating that the petitioner was a tenant of the late husband of the respondent in respect of one room, one temporary shed and open space forming part of property No. D-45, New Seelampur, Delhi-53. After the death of her husband the respondent claims herself to be the owner of the premises. It is stated that despite service of legal demand notice dated 23rd July, 2008 the petitioner failed to pay the rent with effect from April 1984 till date @ Rs. 210/- per month. In the written statement filed by the petitioner it was stated that the petitioner filed a civil suit against the husband of the respondent titled as CS No.292/1984 wherein it was held that the petitioner herein was a tenant of one Shri Bhagwati Prasad @ Rs. 40/- per month since 1963-64. The appeal filed by the respondent against the said judgment dated 12th August, 1998 was dismissed and thus the claim of the respondent that she was the landlady/owner of the premises was unfounded. During the course of trial, the respondent examined herself as PW-1 and exhibited the notice, site plan. PW-2 Shri Vijay Kumar Rawal, from O/o Sub-RegistrarIV of Seelampur appeared and proved the receipts Ex.PW-2/1 and Will Ex.PW-2/2 duly registered with the office of Sub-Registrar. The petitioner examined herself as RW-1 and exhibited the copy of the judgment dated 12th August, 1998 vide Ex.RW-1/1, affidavit of the advocate Ex.RW-1/2 and the examination and cross-examination of Shri Ashraf Master as Ex.RW-1/3.

(3.) The learned ARC came to the conclusion that earlier civil suit bearing No. 292/84 (New No. 384/97) was a suit for permanent injunction filed by the petitioner seeking restrain on the husband of the respondent and earlier landlord Bhagwati Prasad from dispossessing her forcefully from the tenanted premises. Further there was a finding that the previous landlord was Shri Bhagwati Prasad, which fact was also not disputed by the petitioner. The respondent had placed on record the GPA, receipt and Will executed by Shri Bhagwati Prasad in favour of the husband of the respondent and the petitioner has failed to show how these documents were forged and fabricated. The respondent has been able to prove that house No.D-45 which was earlier owned by Shri Bhagwati Prasad was purchased on 6th April, 1984. The respondent was also able to prove landlord tenant relationship in view of the legal demand notice Ex.PW-1/2 and the non-payment of rent within the statutory period of two months from the service of legal notice. The learned ARC passed an order on 8th February, 2011 under Section 15(1) of the DRC Act directing the petitioner to deposit the rent @ Rs. 40/- per month with effect from November 2005 till the date of the order and subsequent rent by the 15th day of each calendar month.