LOKESH GUPTA & ORS Vs. SUKESH CHAND GUPTA

JUDGEMENT

(1.) Cm No. 33502/2018 (Exemption) in RFA No.677/2018 Exemption allowed subject to just exceptions.

(2.) The facts of the case are that the respondent/plaintiff has filed the subject suits pleading ownership of the two premises as the same devolved upon him from his grand-mother Smt. Vidyawati. Between the legal heirs of Smt. Vidyawati, and which included the respondent/plaintiff, a partition took place vide registered Partition Deed dated 9.6.2000 and the suit properties consequently fell to the ownership of the respondent/plaintiff. The subject suit was filed by the respondent/plaintiff by pleading that since the tenant Sh. Guljari Lal had died without leaving behind any legal heirs, the appellants/defendants are illegal occupants of the suit property and the suits for possession and mesne profits be decreed.

(3.) Written statement was filed by the appellants/defendants. One written statement was filed by the appellants no. 1 and 2 who were the defendants no. 2 and One written statement was filed by the appellant no.3/defendant no.4/Sh. Amit Gupta. In essence, the defence of the appellants/defendants was that the tenant Sh. Guljari Lal before his death, on 7.6.1998, adopted appellant no.3/defendant no.4/Sh. Amit Gupta, and therefore, appellant no.3/defendant no.4/Sh. Amit Gupta as the adopted son of late tenant Sh. Guljari Lal inherited the tenancy rights in the suit properties. The suit properties admittedly are properties having the protection of the Delhi Rent Control Act, 1958.