JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. Petitioner challenges the impugned judgment and order dated 20.10.2022 passed in RCT No. 01/20 titled as "Rekha Maini & Ors. vs. Ms. Seema Rao etc.", whereby the appeal under Section 38 of the Delhi Rent Control Act, 1958 (hereinafter referred to as "the Act") has been allowed overturning the judgment rendered by the learned ARC vide the impugned order 24.02.2020 dismissing the eviction petition under Section 14 (1) (a) of the DRC Act, 1958 filed by the respondent.

2. The facts noted by the learned Trial Court vide order dated 24.02.2020 are extracted hereinbelow:

2.1. It is averred in the petition that the husband of the respondent no. 1 Late Sh. Ramesh Kumar Maini in the year 2001 had let out the premises in question to the petitioners. Sh. Ramesh Kumar Maini left for his heavenly abode on 22.03.2007 leaving behind his legal heirs i.e. respondent no. 1 to 4. Respondent no. 5 and Sh. Ramesh Kumar Maini being real brothers had jointly purchased the premises in question in the year 2000.

2.2. It is further averred that after the death of Sh. Ramesh Kumar Maini, respondents were not havin