Ratan Singh (Deceased) Th: His Legal Representatives v. Shanti Devi

INDERMEET KAUR, J APRIL 30, 2012 nandan

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:30.04.2012 + RC.REV. 186/2012 & CM Nos.7766-67/2012 RATAN SINGH (DECEASED) TH: HIS LEGAL REPRESENTATIVES ..... Petitioner Through: Mr.Shamsad Ali, Adv. versus SHANTI DEVI ..... Respondent Through: Nemo. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR (oral) Impugned order is the order dated 20.7.2011; eviction petition filed by the landlord Shanti Devi seeking eviction of her tenant Rattan Singh had been decreed; application seeking leave to defend filed by the tenant had been declined. Record shows that the present eviction petition has been filed on the ground of bonafide requirement. Contention is that the petitioner is the owner and landlord of the disputed premises which comprised of two rooms, kitchen, bath, latrine room with open courtyard (as depicted in the red colour in the site plan) forming a part of the property bearing No.8437, Arya Nagar, Pahar Ganj, New Delhi; petitioner is stated to be the owner of the suit premises having purchased it for a consideration from the earlier owner Chet Ram; the respondent is a tenant @ Rs.17/- per month; premises are required by the petitioner for her residence as also for the residence of her family members who are dependant upon her for their accommodation; the accommodation presently available with the petitioner and her family members is insufficient; it comprises of one big room and one small room; the small room is used as a store room while the big room is being used for residence by the husband of the petitioner; as such because of the paucity of accommodation the petitioner has taken on rent a flat bearing No.389, Sector-6, Rohini, Delhi built up on an area of 26 sq. yards for used of his son at the monthly rent of Rs.4000/-. The family of the petitioner comprises herself, her husband, three daughters, a married son and daughter-in-law and two grandchildren aged 6 years and 7 months; because of the aforenoted size of the family the accommodation available with the petitioner cannot accommodate the family of the petitioner; the tenant is aware of the fact that the son of the petitioner is residing in a tenanted house who is dependent upon her for his accommodation. Present eviction petition has accordingly been filed. The site plan depicting the size of the property which is in occupation of the tenant present has been placed on record. Application for leave to defend had been filed. The main ground urged by the tenant is that the petitioner is neither the owner or the landlady of the suit premises; contention is that Phool Chand was the original owner who had let out the property to the tenant @ Rs.17/- per month; after his death his son Chet Ram had become the owner; it was denied that Chet Ram had sold this property in favour of the present petitioner; tenant had attorned in favour of the present landlord; contention is that documents filed by the petitioner are forged ; premises are in dilapidated condition; present petition was filed malafide. The corresponding paras of the reply to the application seeking leave to defend have been perused. The averments made in the application seeking leave to defend have been vehemently denied. The main bone of contention is the status of the landlord as owner/landlord. There is dispute to the factum that the original owner of the suit property was Phool Chand; after his death Chet Ram his son had become the owner of the suit property. Rent receipts issued by the present petitioner/tenant namely Rattan Singh in favour of Chet Ram have been placed on record; it is not in dispute that Rattan Singh had attorned in favour of Chet Ram. The petitioner has claimed ownership qua the suit property; the tenant had denied it. It is the case of the tenant that the documents relied upon by the present petitioner claiming purchase of this property from Chet Ram are forged documents. The documentary evidence placed on record substantiating the stand of Shanti that she is the ow