Riyazuddin & Ors v. Saira (Widow) & Ors

RAJIV SAHAI ENDLAW, J. AUGUST 23, 2017 "pp" (corrected & released on 25th January, 2018)

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 23rd August, 2017. + RC.REV. 551/2016, CM No.43352/2016 (for stay) & CM No.5762/2017 (for stay) RIYAZUDDIN & ORS. ..... Petitioners Through: Mr. Anil K. Khaware and Mr. Aasif Khan, Advs. Versus SAIRA & ORS. ..... Respondents Through: Mr. A.K. Suri , Mohd. Elahi and Mr. Saijul Eslam, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. This Rent Control Revision Petition under Section 25B(8) of the Delhi Rent Control Act, 1958 impugns the order [dated 6th August, 2016 in Case No.E-165/15 (Unique I.D. No.02401C0570902012) of the Court of Additional Rent Controller-1 (Central), Tis Hazari Courts, Delhi] allowing, after full trial, the petition for eviction under Section 14(1)(e) of the Act filed by the nine respondents for eviction of the three petitioners from one shop measuring 116 sq. yds. on the ground floor of property bearing no.7609, Quresh Nagar, Sadar Nala Road, Sadar Bazar, Delhi – 110 006 in the tenancy of the petitioners/their father since 6th November, 1946. 2. This petition came up first before this Court on 22nd November, 2016. The respondents/landlords having not appeared inspite of filing caveat, the matter was adjourned to 6th February, 2017. On 6th February, 2017 it was informed that the petitioner no.1 had died and the proceedings were adjourned to 30th March, 2017. CM No.5762/2017 was filed for stay of execution and on which, vide order dated 21st February, 2017, execution of the order of eviction impugned in this petition was stayed. The heirs of the deceased petitioner no.1 were substituted and the Trial Court record requisitioned. 3. The counsels have been heard and the Trial Court record perused. 4. The respondents instituted the petition for eviction under Section 14(1)(e) of the Act, from which this petition arises, pleading (i) that the grandfather / grandmother of the respondents no.2 to 9 and the father-in- law / mother-in-law of the respondent no.1 were owners of the property bearing no. 7609, Quresh Nagar, Sadar Nala Road, Sadar Bazar, Delhi and both of whom died leaving the father of the respondents no.2 to 9 and husband of the respondent no.1 and one Smt. Mussavira Khatoon as their only legal heirs; (ii) that on 4th December, 2002, a partition / compromise was effected between the husband / father of the respondents and the said Smt. Mussavira Khatoon, where Smt. Mussavira Khatoon left / exchanged her share in the said property including the shop in the tenancy of the petitioners / tenants and got her share in properties no.7381 to 7386, Quresh Nagar, Sadar Bazar, Delhi; (iii) that the husband / father of the respondents thus became the absolute owner of the property no.7609, Quresh Nagar, Sadar Nala Road, Sadar Bazar, Delhi and part owner of properties no.7381 to 7386, Quresh Nagar, Sadar Bazar, Delhi; (iv) that the husband / father of the respondents died on 10th march, 2006 leaving the respondents as his only legal heirs; (v) that the respondents are thus the owners of the properties; (vi) that the father of the petitioners / tenants was a tenant in respect of one shop measuring 116 sq. yds. on the ground floor of property no.7609, Quresh Nagar, Sadar Nala Road, Sadar Bazar, Delhi and after the demise of their father, the petitioners / tenants inherited the tenancy; (vii) that the respondents had also applied for eviction of the petitioners / tenants under Section 14(1)(a),(b),(c),(f) & (g) of the Act and which petition for eviction was pending; (viii) that the shop in the tenancy of the petitioners / tenants is required bona fide by the respondents for use and professional needs of the respondents no.7&8; (ix) that the respondent no.7 is a practising Advocate aged about 42 years, having commenced his practice in the year 1998 in Delhi; (x) that the respondent no.8 is a practising Doctor in Modern as well as Unani Medicine, having passed his BUMS degree in the year 1977 from Hamdard University, New Delhi and having started his pra