Ashok Kumar Mehra v. Kuldeep Kumar Mehra

V.B.GUPTA, J. ab

HIGH COURT OF DELHI : NEW DELHI RCR No. 157/2010 & CM No. 12556/2010 % Judgment reserved on: 22nd July, 2010 Judgment delivered on: 2nd August, 2010 Sh. Ashok Kumar Mehra, Since deceased through his legal heirs. (i) Mrs. Usha Mehra, W/o Late Sh. Ashok Kumar Mehra, R/o XIV/11152/8, Rashid Ahamad Building, New Rohtak Road, New Delhi. (ii) Mrs. Shiva Anand, W/o Shri Amit Anand, R/o 20/26, Old Rajender Nagar, New Delhi. (iii) Smt. Aditi Sethi, W/o Sh. Vikram Sethi, 14/8923, Shidipur, New Delhi. 2. Shri Vijay Kumar Mehra, S/o Late Shri Kushal Chand Mehra, R/o XIV/11152/8, Rashid Ahamad Building, New Rohtak Road, New Delhi. 3. Shri. Ravi Mehra S/o Late Shri Kushal Chand Mehra, R/o XIV/11152/8, Rashid Ahamad Building, New Rohtak Road, New Delhi. 4. Mrs. Krishna Vohra, W/o Sh. Baldev Vohra, R/o 30/22, 3rd Floor, East Patel Nagar, New Delhi. ……Petitioners Through: Mr. Rajesh Kumar, Adv. Versus Shri Kuldeep Kumar Mehra, S/o Late Shri Ranbir Lal Mehra R/o 111, Ground Floor, Prashant Vihar, Delhi-110085 …….Respondent Through: Nemo. C oram: HON'BLE MR. JUSTICE V.B.GUPTA 1. Whether the Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes V.B.Gupta, J. This revision petition under Section 25B (8) of Delhi Rent Control Act, 1958 (for short "Act") has been filed by the petitioners against judgment dated 17th September, 2009, passed by Additional Rent Controller, Delhi, vide which respondent"s eviction petition was allowed and eviction order was passed in favour of respondent and against the present petitioners. 2. Brief facts are that respondent (Petitioner-Landlord in the trial court) filed an eviction petition in respect of one room, one verandah, one store, one kitchen, one bathroom, one latrine, one room with asbestos sheet roof in the court yard, open court yard on the ground of floor and two rooms, one kitchen, covered terrace on the first floor of the building bearing No. XIV/11152/8, Rashid Ahmed Building, New Rohtak Road, New Delhi; against petitioners (Respondent-Tenant in the trial court). 3. It is stated that respondent is the owner/landlord of the premises in question. This property was purchased by father of the respondent, namely Sh. Ranbir Lal Mehra on 16.3.1967. Predecessor- in-interest of the petitioners along with the petitioners were already in occupation of the building and using the same as tenant for the purpose of residence and by operation of law the said predecessor-in- interests of the petitioners became tenants of the father of respondent, on the same terms and conditions. The ownership of respondent and his mother Smt. Pushpa Mehra over the premises in question, stands conclusively proved by the judgment and decree passed by Sh. D. K. Malhotra, Civil Judge, Delhi in suit bearing No. 728/96, decided on 18.1.1997. 4. After demise of Smt. Pushpa Mehra on 6.8.2000, respondent being her sole legal heirs has become the sole owner-landlord of the premises in question. Family of respondent comprises of his wife, school going son and daughter of the aged 9 years and 16 years respectively. Respondent along with his family was living in their own house till 27.8.2001, situated adjacent to the property in question only on 17 Sq. yds. bearing No. XIV/11152/7, Rashid Ahmed Building, New Rohtak Road, New Delhi-110005, having one small room, one store and one latrine and stairs on the ground floor and one room, one bath, covered open space used for kitchen on the first floor of the said building. Said house was very old construction and in dilapidated condition and as the family of the respondent grew and his children required more space and separate rooms for their living and studies, the accommodation in the said building was found to be inadequate they were living in the said house with great discomfort and difficulty. As such, respondent had no advantage to retain the said property and he sold the same to Smt. M