J U D G M E N T

04.07.2023 MINI PUSHKARNA, J.

1. The present writ petition has been filed by the petitioner against the order dated 24.05.2018 passed by the ld. District & Sessions Judge, Patiala House Courts, New Delhi in PPA No. 23/2017. By way of the said impugned order dated 24.05.2018, the ld. District & Sessions Judge dismissed the appeal filed by the petitioner herein under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, (PP Act) by which the petitioner had challenged the order dated 21.03.2017 and 26.05.2017 passed by the ld. Estate Officer.

2. By order dated 21.03.2017, the ld. Estate Officer had dismissed the application filed on behalf of the petitioner herein under Section 11 of the Code of Civil Procedure, 1908 (CPC), thereby holding that the earlier eviction proceedings did not constitute res-judicata as the same were not decided on merits, but were dismissed as withdrawn on the basis of statement of the parties. Subsequently, by order dated 26.05.2017, the ld. Estate Officer passed eviction order against the petitioner upon an application by the respondent herein under Order XII Rule 6 CPC read with order VIII Rules 3,4 and 5 CPC.

3. The subject matter of the present petition, i.e., Kiosk situated near Gate No.6, Palika Bazar, New Delhi – 110001 was allotted in the name of Sh. Ramesh Kumar vide allotment letter dated 12.03.1983/06.04.1983 at a nominal license fee of Re.1 per month. The said allotment was made for running the trade of flower kiosk or any other non-licensable trade through his guardian Rattan Lal, on account of saving life of an old woman, for which the said Ramesh Kumar received National Bravery Award in 1982 for showing exemplary courage. Subsequently, License Deed dated 12.04.1983 for running the trade of flower kiosk was also executed between Sh. Ramesh Kumar and respondent No.1/New Delhi Municipal Council (NDMC) for a period of 5 years w.e.f. 23.03.1983.

4. Thereafter, a fresh License Deed dated 09.05.1988 was also executed between the respondents and Sh. Ramesh Kumar w.e.f. 23.03.1988 to 22.03.1993. The said License Deed was further deemed renewed up to 31.03.2005 vide order of the then Director (Estate), NDMC in terms of letter dated 15.12.2005.

5. It is the case of the petitioner that sometime in the year 2004, the said Sh. Ramesh Kumar, who was then doing the trade of sale of cold drinks, etc. from the said kiosk, approached the petitioner with request for partnership as he was unable to manage his business alone. Thus, petitioner entered into a Partnership Deed dated 16.08.2004 with Sh. Ramesh Kumar. The said Partnership Deed was later dissolved on 07.12.2004, as a result of which the petitioner continued with the said business and was in occupation of the said kiosk near Gate No.6, Palika Bazar.

6. A complaint was received by the respondent on 07.04.2006 that the kiosk was being run by some other person and that the said person was selling cold drinks, coffee, etc. and also permitting people to drink alcohol from the site in the evenings, causing disturbance and nuisance to others. In pursuance to the said complaint, inspection was carried out by the NDMC on 05.05.2006. During inspection, the original allottee Ramesh was not found at the kiosk and Sh. Bijender, husband of the petitioner was present and selling edible items like Samosa, Snacks, Cold drinks, Coffee, etc.

7. Respondent issued a Show Cause Notice dated 18.05.2006 to Ramesh asking to show cause as to why his license should not be cancelled for violation of the terms of the License Deed. Ramesh submitted his reply dated 30.05.2006 stating that he had not sublet the kiosk to anyone and that Sh. Bijender was his uncle, who was looking after the kiosk in his absence.

8. In January 2007, the petitioner submitted a representation dated 11.01.2007 to the NDMC stating that she had entered into a partnership with Sh. Ramesh Kumar vide Partnership Deed dated 16.08.2004, which was subsequently dissolved vide