NISAR AHMED Vs. AGYAPAL SINGH

JUDGEMENT

(1.) THIS petition under Section 25 -B(8) of the Delhi Rent Control Act (for short 'the Act') challenges the order dated 26th May, 2011 of the Additional Rent Controller (ARC), whereby the petitioner's eviction petition under Section 14(1) (e) read with Section 25 -B of the Act was dismissed on the ground that (i) the petitioner had failed to show that he was the owner of the tenanted premises; and (ii) at best he was the collector of rent being the Mutawalli of the Wakf property, therefore, he could not maintain the eviction petition.

(2.) THE respondent had filed an application for leave to defend and pending its consideration, he moved an application under Order VII, Rule 11 of the CPC for dismissal of the petition on the ground that the petitioner, being a Mutawalli and not the owner of the tenanted premises, since the tenanted premises vested in the Almighty.

(3.) THE petitioner's case was that the tenanted premises formed part of Wakf -alal -Aulad comprising property Nos. 908 to 923 and 1337 to 1345, Star Building, Qutab Road, Sadar Bazar, Delhi -110 006; that he is one of the Mutawallies as well as a beneficiary of the Wakf; that the tenanted premises were required for himself as well as for his family members dependent on him for accommodation to carry out their own businesses; that they had no other reasonably suitable commercial accommodation in Delhi. It was stated that the petitioner's first daughter had graduated from Lady Shri Ram College, University of Delhi while the second daughter possesses an MBA and a Ph.D; that both the daughters desired to set up their own commercial establishments. It was further stated that the petitioner himself being a senior citizen was suffering from various ailments and had already suffered brain haemorrhage and faced difficulty in climbing stairs. Therefore, he wanted his business to be carried out on the ground floor. It was submitted that being the Mutawalli and a beneficiary of the Wakf, he had the right to institute the eviction petition in terms of the Wakf Deed.