GAYASUDDIN & ORS Vs. MOHD ASQIN & ANR

JUDGEMENT

(1.) This is a revision petition filed by the petitioner against the order dated 12.8.2015 by virtue of which the learned ARC-I, Central, Tis Hazari Courts, Delhi dismissed the eviction petition bearing No.352/2014 titled Gayasuddin & Ors. vs. Mohd. Asquin & Anr.

(2.) I have heard the learned counsel for the petitioners. The learned counsel has contended that the learned ARC has erroneously dismissed the petition despite the fact that he has been able to establish that he is the actual successor being the brother of late Sitara Begum and therefore, he becomes the owner. It has also been stated by him that so far as the other parameters for passing a decree of eviction are concerned, they were also satisfied and are not in question before the learned ARC.

(3.) I have carefully considered the submissions and have gone through the impugned order. One Gayasuddin, s/o Late Mohd. Rashid & Others filed an eviction petition claiming themselves to be the owner of property No.7595, Ward NO.14, Katra Khuca Baksh, Qasabpura, Delhi. The case which was setup by them was that the property actually belonged to Sitara Begum, who had expired on 18.2.1985. Sitara Begum had married one Tasleem, who had migrated to Pakistan and thereafter, she had never heard of him. It was stated in the petition that the present three petitioners, being the real brothers of Sitara Begum have inherited the property and thus, are the owners of the suit property. It was also stated that petitioner No.1 is having six family members including himself; petitioner No.2 is having nine family members including himself and petitioner No.3 is having more than eleven family members while as the petitioners are in possession of two properties bearing No.T-275/6 and T- 275/10, Ahata Kinara, Delhi besides property No.7595-B, Qasabpura, Delhi, which is the suit property, which are grossly insufficient to accommodate all the family members and therefore, the petition was filed.