HARI SHANKAR Vs. RAM PARSHAD

JUDGEMENT

(1.) The petitioners as landlords filed an eviction petition against respondent no.1/tenant under Section 14 (1) (a) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the said Act) for non payment of rent in respect of one room and chowk opposite the said room forming part of House No.730, Bhola Nagar, Kotla Mubarakpur, New Delhi. The premises were stated to be let out for residential purposes at the rate of Rs 150/- per month. The property was stated to be recorded in the name of Sh. Niader Mal and Sh. Ram Richpal, predecessors in interest of the petitioners.

(2.) The petitioners claimed that rent was not tendered from 01.06.1990 despite service of notice dated 13.05.1995 issued by late Sh.Niader Mal. After the demise of Sh. Niader Mal, respondent no.1 even started disputing the title and the petitioners had got issued a notice of demand dated 04.05.1999.

(3.) The defence of respondent no.1 was that his father had encroached on the piece of land beneath the demised premises about 40 years ago and constructed a jhuggi type room where he resided with his family till his demise. A plea of adverse possession was raised. The relationship of landlord and tenant was denied. Respondent no.1 claimed that the premises were being used also for commercial purposes