CHANDER PARKASH CHAWLA Vs. K K KAPOOR

JUDGEMENT

(1.) This petition arises out of an order dated 20.11.1995 passed by the Addl. Rent Controller for eviction of the petitioner from the premises in dispute i.e. first floor and second floor of House No. 11/23, West Patel Nagar, New Delhi.

(2.) Brief facts of case are that the respondents/landlords are the co-owners of the said property. It is not in dispute that the premises were let out for residential purposes. The eviction of the petitioner was sought from both first floor and second floor of premises No.11/23, West Patel Nagar, New Delhi on the ground of personal bona fide requirement of the respondents. The petitioner was granted leave to defend on his application for the purpose and the matter was finally disposed of in favour of the respondents. Mr. Sabhaiwal appearing for the petitioner has attacked the impugned order only on three grounds.

(3.) As the first ground of attack, the petitioner alleges that the landlord is not the owner/co-owner of the premises in dispute as the property was sold by widow of the original owner of the premises in dispute. It is contended that the said widow had no right to transfer the property or deal with the property as her late husband had left behind a Will whereunder he had created a Trust and had bequeathed the property to that Trust. "The said alleged Will in original was never proved as required under law and the suit wherein the said Will was set up by father of the deceased had also been withdrawn. A certified copy of the said alleged Will was filed here but before the Addl. Rent Controller also the said Will was never proved. In other words this piece of document that is a copy of another copy has remained unproved and as such it is of no consequence. Admittedly the said Will was never probated. In the light of these facts no merits can be attributed to the plea of the petitioner. This plea is without any merit and is rejected.