The court ruled that eviction under the Delhi Rent Control Act requires proof of landlord-tenant relationship, and ownership disputes cannot be resolved in eviction proceedings.

O R D E R

CM APPL. 12492/2016 (U/O I RULE 10)

1. The respondent Seth Sunder Lal Sonthalia Trust (Regd) through the trustee Sakshi Sonthalia filed present eviction petition under section 14(1)(e) read with section 25B of the Delhi Rent Signature Not Verified Digitally Signed By:HARVINDER KAUR Control Act, 1958 (hereinafter referred to as “the Act”) titled as Seth Sunder Lal Sonthalia Trust (Regd.) V Rani bearing no. E-109/14 on the ground of bona fide requirement in respect of the tenanted premises i.e. one room situated on the first floor of property bearing no. 1761, Cheera Khana, Nai Sarak, Delhi-110006 as shown in red color in site plan annexed with the petition.

2. The respondent pleaded that Sunder Lal Sonthalia was great- grandfather of Sakshi Sonthalia, trustee of the respondent who died on 01.04.1958 leaving behind wife Kamla Devi and adopted son Ganeshi Lal Sonthalia. Kamla Devi died on 20.03.1976 and adopted son Ganeshi Lal Sonthalia was pre-deceased to her and died in the year 1963. Ganeshi Lal Sonthalia left behind legal heirs, namely, Shyam Bihari Sonthalia, Kunj Bihari Lal Sonthalia, Vijay Bihari Lal Sonthalia, Mukut Bihari Lal Sonthalia and Chand Kiran. Mukut Bihari Lal died issueless in the year 1965 and Shyam Bihari Lal died on 08.12.2007.

2.1 Sunder Lal Sonthalia was owner of various properties including the property in question, which he purchased vide sale deed dated 10.11.1945 and the said property was a double storey building Signature Not Verified Digitally Signed By:HARVINDER KAUR constructed on a plot of land measuring 450 sq. yards. Sunder Lal Sonthalia immediately after purchase of the property, created a religious and charitable trust and dedicated a portion of the property measuring 225 sq. yards to the trust known as Lala Sunder Lal Trust created vide a registered trust deed dated 18.10.1946. Kamla Devi wife of Sunder Lal Sonthalia and Ganeshi Lal Sonthalia son of Sunder Lal Sonthalia were among the eight trustees, including Sunder Lal Sonthalia. Sunder Lal Sonthalia also made a condition in the trust that at least two of his family members would always be trustees of the trust but the said condition was never followed strictly. The trust was managed by the sole trustee. Kamla Devi was managing the trust after the death of Sunder Lal Sonthalia and Ganeshi Lal Sonthalia and subsequently also assisted by Shyam Bihari Lal Sonthalia, grandfather of the Sakshi Sonthalia, trustee of the respondent.

2.2 The tenants were inducted in the trust property for earning the income required to maintain the trust property and the petitioner was one of the tenants. Shyam Bihari Lal Sonthalia, grandfather of the respondent due to property dispute, filed a suit for declaration and Signature Not Verified Digitally Signed By:HARVINDER KAUR cancellation of documents and other reliefs against his own family members and outsiders, who were staking claim in properties on the basis of alleged forged and fabricated documents and the said suit is still pending. Shyam Bihari Lal Sonthalia died in the year 2007 and after his death, Sakshi Sonthalia was substituted as his legal heir in the said suit as Sakshi Sonthalia, at present, is managing the trust property as trustee of the respondent.

2.3 The petitioner is a tenant in respect of one room on the first floor forming part of the property bearing no. 1761, Cheera Khana, Nai Sarak, Delhi-110006 at a monthly rent of Rs.3,000/- per month since 01.06.2012. The respondent trust is a charitable trust and is managing the trust property, which is occupied by the tenants. The respondent-trust does not have any place in the trust property to manage the office and as such, the respondent-trust filed the present eviction petition on the ground of bona fide requirement. It is also pleaded that the respondent-trust does not have any alternate property.

3. The petitioner after service of summons, filed an application under section 25B (5) of the Act along with an affidavit for grant of Signature N