2023:DHC:2428

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

RC.REV. 84/2021 & CM APPL. 16050/2021

JAN ALAM (DECEASED) THR LRS

..... Petitioners

Through:

Mr.

Adarsh

Ganesh,

Advocate

alongwith Petitioner No. 1 in person.

versus

REKHA AND ORS

..... Respondents

Through:

None.

%

Reserved on:

07^thMarch, 2023

Date of Decision: 10^thApril, 2023

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

J U D G M E N T

MANMEET PRITAM SINGH ARORA, J:

1.

The present revision petition has been filed by the Petitioner (‘tenant’)

assailing the eviction order dated 06.03.2021 (‘impugned eviction order’),

passed by the Additional Rent Controller, Central, Tis Hazari Courts, Delhi

(‘Trial Court’), in ARC No. 77991/16, wherein post-trial, the eviction order

has been passed in favour of the Respondent, landlady, in the eviction

petition filed by her under Section 14(1)(e) of the Delhi Rent Control Act,

1958 (‘DRC Act’).

2.

In this matter the impugned eviction order has been executed and the

possession of the tenanted premises i.e., One room in Flat No. E-15, third

floor, DDA Flats, Turkman Gate, Delhi (‘tenanted premises’) has been

recovered by the Respondent, as recorded in the order dated 15.11.2021. In

Digitally Signed

By:MAHIMA SHARMA

Signing Date:10.04.2023

19:04:43

Signature Not Verified

2023:DHC:2428

these circumstances, it was submitted by the Respondent that nothing

survives for consideration in the matter, in view of the decision of Supreme

Court in N.C. Daga v. Inder Mohan Singh Rana, (2003) 1 SCC 453.

However, learned counsel for the Petitioner, tenant, is seeking adjudication

of the present petition on merits and states that he has instructions from the

Petitioner No.1, who is present in Court, to proceed with the matter.

3.

Learned counsel for the Petitioner states that the primary contention

on which the Petitioner has impugned the eviction order is that the

Respondent herein is neither the owner, nor the landlady, of the tenanted

premises. He states that the recorded owner of the property is late Sh.

Hardwari Lal Verma (‘original owner’), who had executed an unregistered

Will dated 16.06.1984 (‘unregistered Will’) in favour of Mr. Jan Alam, the

now deceased father of the Petitioners herein. He admits that Mr. Jan Alam

was not related to the original owner and states that the said unregistered

Will was executed by the original owner out of love and affection.

4.

He states that the Respondent herein had filed the eviction petition

claiming herself to be the owner of the tenanted premises on the basis of

registered adoption deed dated 15.01.1990, executed by the original owner.

He states that the Respondent is claiming herself to be the legal heir of the

original owner, who was issueless. He states that Respondent was not

adopted by the original owner and the Petitioner herein disputes the claim of

adoption.

5.

He states that the Trial Court has limited jurisdiction while

adjudicating a petition filed under Section 14(1)(e) of the DRC Act and it

Digitally Signed

By:MAHIMA SHARMA

Signing Date:10.04.2023

19:04:43

Signature Not Verified

2023:DHC:2428

exceeded its jurisdiction while opining on the validity of the unregistered

Will.

6.

He relies upon the judgment of the Supreme Court in Rajendra

Tiwary v. Basudeo Prasad and Anr., (2002) 1 SCC 90, and A.V.G.P

Chettiar & Sons and Ors. v. T. Palanisamy Gounder, (2002) 5 SCC 337, to

contend that the issue of title to the suit premises could not have been

adjudicated by the Trial Court.

7.

None appeared on behalf of the Respondent.

8.

This Court has considered the submissions of the Petitioner and

perused the record.

8.1.

In this matter, leave to defend was allowed and therefore, a full trial

was conducted. The parties filed their pleadings and led evidence.

8.2.

The Respondent had filed the petition for eviction on the assertion

that she is the owner and landlady of the tenanted premises. She had asserted

that she is the adopted daughter of the original owner and placed before the

Court a copy o