HARISH CHANDER SHARMA Vs. BIRMA DEVI

JUDGEMENT

(1.) THIS review application under Order 47 Rule 1 CPC read with Section 25b (9) of the Delhi Rent Control Act (DRC Act) has been made by the applicants/respondents seeking review of the order dated 10th September 2008 passed by this Court.

(2.) THIS Court vide the impugned order dated 10th September 2008 had allowed the Civil Revision Petition being 832 of 2002 filed by the non applicant (petitioner) Harish Chander Sharma and set aside the order of learned Additional Rent Controller and passed an order of eviction against the applicants. The Court gave three months' time to the applicants to vacate the premises. In the instant review application, the petitioner has stated that the petitioners were entitled to six months' time under Section 14 (7) of DRC Act while the Court had granted only three months' time. The other ground taken is that the applicants in counter affidavit had raised a plea about the decision of learned ARC in regard to the ownership of the suit property being wrong and the Court had not considered the same.

(3.) THE ownership of the premises has been decided by learned ARC after going through the entire evidence led by the parties. The evidence has been discussed in detail taking into consideration the contentions raised by the applicants and the learned trial court came to conclusion that the landlord has duly proved the will executed by Shri Mukund Dass in favour of Shyam dass @ Shayam Lal who was father of the non applicant in the year 1891 and the fact that Shri Mukund Dass was grandfather of the non applicant is not disputed.