NEELIMA SINGH Vs. ASHIT KUMAR BHATTACHARYA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns the order dated 6th November, 2015 of the Rent Control Tribunal (RCT) allowing the first appeal preferred by the respondent/landlord against the order dated 5th July, 2011 of the Additional Rent Controller (ARC) dismissing as abated the petition for eviction filed by the respondent/landlord under Section 14(1)(d) of the Delhi Rent Control (DRC) Act, 1958 against the husband of the present petitioner.

(2.) On the demise of the husband of the present petitioner and against whom the respondent/landlord had filed the petition under Section 14(1)(d) for eviction, the respondent/landlord filed an application under Section 2(1)(iii) of the DRC Act to declare that the natural heirs of the tenant against whom the petition for eviction was filed had not inherited the tenancy rights. It was inter alia the plea in the application that the tenancy of the deceased tenant had been determined in his lifetime and he was continuing as a statutory tenant and his heirs were thus not entitled to retain the tenanted premises. Notice of the said application was issued to the present petitioner only, being the wife of the deceased tenant.

(3.) The present petitioner being the wife of the deceased tenant contested the aforesaid position.