HAMIDA SULTAN BEGUM Vs. JAMIA TIBBIA

JUDGEMENT

(1.) The petitioners are the owners of property bearing No. 1453 known as "Mahal Sarai" situated at Gali Qasim Jan, Lal Kuan Bazar, Delhi which is in the walled city of Delhi and thus covered under the Slum Areas (Improvement & Clearance) Act, 1956 (hereinafter referred to as the Act). Respondent No. I-Jamia Tibbia which is a Society registered under the Societies Registration Act is a tenant in the said premises. Before filing an eviction petition under the Delhi Rent Control Act permission has to be obtained from the Competent Authority under Sec. 19 of the Act. The petitioners thus applied to the Competent Authority. The Competent Authority refused to grant permission by order dated 3rd August, 1972. The petitioners, therefore, filed an appeal before the Financial Commissioner which was also rejected by order dated 11th December, 1972. The petitioners assail these two orders by way of this petition under Article 227 of the Constitution of India.

(2.) During the pendency of this petition. Miss Khujista Begum expired and by order dated 20th March, 1975 Miss Hamida Sultan and Miss Akhtar Ara Begum were allowed to continue the proceedings.

(3.) It was coended by the learned counsel for the petitioners that respondent No. 1-Jamia Tibbia which has now changed its name to Hamdard Tibbia College is in fact an agency of the Hamdard National Foundation and Hamdard Dawakhana (Waqf). The constitution of the governing body of Hamdard Tibbia College shows that Hamdard National Foundation exercises complete control over Jamia Tibbia. All these organisations have enormous funds at their disposal. Respondent No. I is very closely connected and receives substantial funds from Hamdard Dawakhana (Waqf J, Hamdard National Foundation and other allied Hamdard organisations. Thus even if Jamia Tibbia (Hamdard Tibbia College) is evicted from the suit premises it had enough means available at its disposal to find alternate accommodation. Learned counsel submitted that even though Jamia Tibbia has been showing losses, the Profit & Loss Account and the Balance-sheet will show that huge funds are being given to Jamia Tibbia by Hamdard Dawakhana (Waqf) and Hamdard National Foundation and the losses are made up by these organisations. Learned counsel further submitted that in fact Jamia Tibbia purchased three properties in the year 1968-69 i.e. two buildings bearing No. 1455-1456 Qasimjan Street, Delhi on 20th January, 1968 and the adjoining property No. 1457 on the same street on 20th November, 1969. Respondent No. I is therefore, not likely to create a slum even if it is evicted form the suit premises and the Commissioner erred in refusing permission to institute eviction proceedings against respondent No. 1.