SHAKEEL AND ORS Vs. SHARIF AHMED

JUDGEMENT

(1.) CM No.4085/2017

(2.) The respondent filed the present Eviction Petition under section 14(1)(e) of the DRC Act regarding property X-2343, Gali Dugudi Shah Kalan, Chitli Kabar, Turkman Gate, Delhi-110006. It is stated that the respondent is stated to have purchased the suit property on 201.2003 by registered Sale-Deed. There was a litigation pending between the original owner Smt.Ameena Begum the petitioner and other occupants. The suit that was filed by Smt.Ameena Begum was dismissed in default after the respondent purchased the suit property. Thereafter respondent filed a Civil suit for possession, declaration, mandatory and permanent injunction stating that the petitioners are unauthorized occupants. The suit was dismissed holding that the petitioners are tenants and have validly proved their rent receipts. The appellate court also upheld the said judgment. The respondent in the petition claimed that he was residing in the suit property since his childhood till the year 200 Thereafter he has shifted to a tenanted accommodation being B-35, Ground Floor, Minto Road, New Delhi with his family at a monthly rent of Rs. 6,000/- per month. In 2012 he has shifted to property bearing No.2235, Dakotan Street, Turkman Gate, Delhi at a monthly rent of Rs. 9,000/- per month.

(3.) The ARC by the impugned order rejected the claim of the petitioners about absence of landlord tenant relationship in view of the orders passed by various courts in the litigation started by the respondent against the petitioners. On bona fide requirement it noted that the respondent is well within his right to shift to his own property. It also noted that the petitioners have not been able to show availability of any alternative accommodation. It dismissed the application for leave to defend and passed an eviction order in favour of the respondent.