INDERMEET KAUR, J. (Oral)

1 Impugned judgment is dated 25.03.2011; the eviction petition filed by the landlord under Section 14 (1)(e) of the Delhi Rent Control Act (DRCA) had been decreed. The application seeking leave to defend filed by the tenant had been dismissed. Premises in dispute are the first floor of property No. 29, Rajdoot Marg, Chanakya Puri, New Delhi.

2 Record shows that an eviction petition had been filed by the landlord against his tenant on the ground of bonafide requirement; there are two petitioners i.e. mother and son; contention being that they are the owners of the aforenoted property; earlier this property was owned by petitioner No. 1 and his three brothers besides petitioner No. 2. Disputes had arisen between the family. A suit for partition being suit No. 293/2003 had been filed. A partition decree had followed on 27.08.2003; by virtue of this partition decree, the afore noted property had fallen to the share of the aforenoted two petitioners whereas the property bearing No. 11, Patel Road, West Patel Nagar, New Delhi had fallen to the share of the other three brothers. The petitioners have become the sole owners of the afore noted suit property.