MEENAKSHI Vs. RAMESH KHANNA

JUDGEMENT

(1.) Since a short point is involved, with the consent of the parties I have heard this matter in order to dispose of the same.

(2.) By the impugned order, the Additional Rent Controller has granted leave to contest the eviction petition to the respondents-tenants. The petitioner-landlady has challenged the said order of the Additional Rent Controller by way of present petition. The Additional Rent Controller granted leave to contest the eviction petition mainly on two grounds, i.e. ownership and bonafide need to the petitioner-landlady.

(3.) Briefly, the facts are that the petitioner is a tenant on the second floor vf the property in suit since 1st May, 1978. Previously. Smt. Kamlawati was the owner of the property. She died on 26th March, 1990. The petitioner is the daughter of Smt. Kamlawati and has always been residing in the same property alongwith her mother. According to the petitioner, she has become the owner of the property in view of a Will of Smt. Kamlawati dated 20th July, 1978. It is a registered Will, certified copy whereof has been placed on record of the Trial Court. The original Will itself was kept in the custody of the Sub-Registrar as is apparent from the endorsement contained on the certified copy of the Will. The property already stands mutated in the name of the petitioner in the records of the Municipal Corporation of Delhi.