SWARAN KANTA Vs. N R AGGARWAL

JUDGEMENT

(1.) BY this petition, the petitioners have assailed the legality of order of the learned ARC whereby an eviction petition under Section 14 (1) (e) of drc Act filed by the landlord was allowed by the learned ARC after contest.

(2.) THE landlord filed an eviction petition under Section 14 (1) (e)of the DRC Act in respect of property no. 1804, First Floor Wazir Singh Street, chuna Mandi, Paharganj, Delhi consisting of a room and kitchen. The property was originally let out to Mr. Mohan Lal, husband of petitioner no. 1 and father of petitioner no. 2. In leave to defend, the petitioners had taken the stand that they had become owners by adverse possession, that the property was being used for residential-cum-commercial purpose, that all the LRs of Mohan Lal had not been impleaded as parties and that the respondent/landlord had sufficient accommodation available with him.

(3.) THE landlord in order to prove his ownership relied upon sale deed Ex. PW 1/1 executed by the previous owner Smt. Shakuntala Devi in his favour. The relationship of landlord and tenant was admitted by the petitioners in the application for leave to defend. In para (h) page 4, it was admitted by the petitioners that property was let out to the husband of petitioner no. 1 for residential and non-residential purpose and it was being used by husband of the petitioner for business of Commission Agent. In para (i), it was stated that the respondent herein (landlord) was trying to recover possession with a view to let it out again on higher rent. In view of this admission about relationship of landlord and tenant, the trial Court observed that the landlord was not to prove the absolute title, but was only to show that his right in the property was more than that of the tenant. However, in this case, the landlord had placed on record the sale deed of the property.