RANI SETHI Vs. AMARJEET SINGH

JUDGEMENT

(1.) The petitioners concededly are tenants in premises described as portions/shed room bearing no. A-8/4, A-8/3 respectively in property bearing no. A-8, Sardar Nagar, behind CC Colony, Rana Pratap Bagh, Delhi. On the eviction petitions (E-18/12 and E-17/12 respectively) instituted by the respondent seeking orders of eviction on the ground under Section 14 (1) (e) of Delhi Rent Control Act, 1958, upon being served with the special summons under Section 25 B of Delhi Rent Control Act, 1958, these petitioners had moved applications seeking leave to contest. The said applications were rejected by the Rent Controller by similar orders passed on 15.04.2015, such result leading to eviction orders being granted to the respondent, the view taken by the Rent Controller having been assailed by these revision petitions.

(2.) Having heard the learned counsel on both sides at length and having gone through the record, this Court finds that the Rent Controller has fallen into error by declining leave to contest. The issues raised by the petitioners by their respective applications for leave to contest are triable and, thus, the eviction orders could not have been granted without respondent being called upon to prove his case by evidence. This needs elaboration.

(3.) As per the case set up in the eviction petitions filed by the respondent in respect of property bearing no. A-8, Sardar Nagar, near CC Colony, Rana Pratap Bagh, Delhi, it is a plot of land admeasuring 200 square yards which was originally owned by Shri Santokh Singh, father of the respondent who died on 10.06.2005. It is stated that prior to his death, the said Santokh Singh he had transferred the right, title and interest in the property in favour of his wife (Smt. Gurmej Kaur, mother of the respondent) by executing documents in the nature of general power of attorney, agreement to sell and Will. Smt. Gurmej Kaur died intestate on 28.11.2005. Admittedly, the title to the property was inherited by the respondent and his brother Sarabjeet Singh in equal shares. It is his claim that his brother had relinquished his share in his favour by Relinquishment Deed dated 12.07.2011 and thereafter the property was mutated in his exclusive name by the municipal authority.