KRISHNA CHOPRA Vs. RAKSHA

JUDGEMENT

(1.) Aggrieved by the order passed by the Additional Rent Controller on 10th October, 1995, the petitioner has preferred this revision petition. It has been pending in this Court since 1996.

(2.) The eviction petition was filed by the respondent-landlady under Section 14(l)(e) of the Delhi Rent Control Act. The size of the family of the respondent is not disputed. The family of respondent consists of herself and her grownup son who is 29 years old. The extent of accommodation available with the respondent is only one room on the ground floor. There.is no dispute with regard to the purpose of letting. However, the petitioner has disputed the relationship of tenant and landlord. Respondent brought on record a Will in favour of the respondent executed by the father of the respondent. It was contended before the Additional Rent Controller that there may be other brothers and sisters of the respondent and, therefore, respondent was not the absolute owner of the property in question. Mr. Vijay Gupta, learned Counsel for the petitioner has contended that this Court directed the petitioner to file an affidavit bringing on record an advertisement which was published in the Hindustan Times on 20th December, 1992, prior to the filing of the eviction petition. The said advertisement was for the sale of the property in question. Learned Counsel for the petitioner has contended that on the basis of the aforesaid advertisement, it is manifestly clear that the sole intention of the respondent was to sale and dispose of the property. Therefore, the finding of the Additional Rent Controller that the premises were required bona fide by the respondent on the basis of the record was untenable. In support of the advertisement an affidavit of one property broker has also been filed by the petitioner in this Court. I have carefully gone through the arguments advanced by Counsels for the parties.

(3.) At the outset, I must say that the petitioner cannot dispute the ownership of the respondent. The petitioner cannot plead that under the Will respondent has no right and there are other successors of the father of the respondent. It is not open to a tenant to dispute the contents of the Will. The law is well settled. The Will may be challenged by other heirs or successors of.person making the Will. Any event of the matter, the respondent filed a suit to obtain Probate of the said Will. Probate in favour of the respondent has been granted. In view of grant of Probate, it is not open to the petitioner to challenge the ownership of the respondent. That brings me to the question of bona fide requirement.