AMIR KHAN Vs. AZIZ UR REHMAN

JUDGEMENT

(1.) The petitioners/ landlords(Hereinafter 'subject premises' Hereinafter 'tenant') are all family members who filed two Eviction Petitions, E. Nos.288/2013 and 289/2013 under Sec. 14(1)(e) of the Delhi Rent Control Act, 1958 [Hereinafter ‘the Act] seeking vacation of the First and Second Hereinafter 'landlords' Hereinafter 'the Act' Floors of property bearing No.1763-1764, Hauz Sui Walan, Chandni Mahal, Delhi-110 006[Hereinafter ‘subject premises’] on the ground of paucity of residential accommodation for their family, since landlord no.1 in RC. REV.219/2023/ Mr. Amir Khan had a family of six people residing in a tin-shed in the house of his mother/ landlady no.2 and landlord no.1 in RC. REV.220/2023/ Mr. Sajid Khan had a family of four people residing in a rented single room, which were insufficient for the needs of their growing children. The landlords also averred that they had no alternative accommodation for their bona fide residential requirements.

(2.) Upon service, the respondent/ tenant[Hereinafter ‘tenant] in both the eviction petitions filed applications under Sec. 25B of the Act seeking leave to defend primarily disputing the title of the landlords and stating that the subject premises were purchased by the tenant/ Mr. Inam-Ul-Haq (since deceased) from Mr. Adbul Rasheed s/o Mr. Abdul Wahid Khan (grandfather of the landlords herein) vide General Power of Attorney, Agreement to Sell for a consideration of Rs.2,00,000.00 and Will, all dtd. 3/7/1996. After the said purchase, late Mr. Inam-Ul-Haq had been paying the House Tax, Electricity Bills, etc. qua the subject premises, and subsequently upon his demise, the tenant/ Mr. Aziz-Ur-Rehman s/o late Mr. Inam-Ul-Haq had become the lawful owner thereof. The tenant also denied having ever tendered any rent to the landlords and submitted that the Eviction Petitions were not maintainable.

(3.) The landlords, in their replies thereto, denied the assertions made by the tenant and submitted that since immovable property could only be transferred through a registered Deed, and the General Power of Attorney and Agreement to Sell filed by the tenant were unregistered, the same did not create any title in his favour. The landlords further reiterated their reliance upon the Sale Deed dtd. 24/10/1958, Death Certificate of Mr. Abdul Wahid Khan dtd. 17/1/1984, Death Certificate of Mr. Abdul Sattar dtd. 22/4/1996, Partition Deed dtd. 1/4/1999, whereby the subject premises had fallen to their share, rent receipts issued by the landlords to the tenant thereafter and one Rent Agreement dtd. 7/10/2013 in their favor.