LAWS(DLH)-1995-7-46

TULSI DEVI KHUNGAR Vs. KHAIRATI LAL JETLEY

Decided On July 01, 1995
TULSI DEVI KHUNGAR Appellant
V/S
LT.COL.KANWAR PAL SINGH Respondents

JUDGEMENT

(1.) This revision petition is directed against an order dated May 2,1995 passed by an Additional Rent Controller, Delhi wherfeby the learned lower court dismissed the application for leave to defend and passed an order of eviction in respect of the premises shown by red colour in the site plan EX.CA ( Annexure A).

(2.) Brief facts which gave rise to the present petition are as under: that one Shri Khairati Lal Jetley, Lt. Col. (Retd.), (hereinafter referred to as the respondent for the sake of convenience) let out premises bearing No. D-15, Defence Colony, New Delhi, to one Shri Narain Dass Khungar for residential purposes. Shri Narain Dass Khunger breathed his last on August 26,1981 leaving behind the present petitioners as his legal heirs.

(3.) The respondent herein initially filed a petition for eviction against the petitioners under Section 14(l)(e) read with Section 25B of the Delhi Rent Control Act ( "the Act" for short), in the year 1983. The said petition was dismissed vide order dated July 16,1991 passed by Shri L.D.Malik, Additional Rent Controller, Delhi. The respondent again tried his luck and filed another petition for eviction of the petitioners under Section 14(l)(e) read with Section 25B of the Act on June 26,1994. This time the damsel luck smiled on him and the petition for eviction was allowed and an order of eviction was passed against the petitioners.