O R D E R

CM APPL. 11464/2020, CM APPL. 11530/2020 and CM APPL.

21832/2020 Signature Not Verified Digitally Signed By:HARVINDER KAUR

1. The respondent filed an eviction petition bearing no. E-27/2012 (RC ARC no.6195/2016) titled as Soma Devi Jain V Anita Pawar & others under section 14(1)(e) read with section 25B of the Delhi Rent Control Act, 1958 (hereinafter referred to as “the Act”) on 29.03.2012 against the petitioners on the ground of bonafide requirement in respect of shop bearing no. G-14, ground floor, South Extension Part-I, New Delhi measuring 927 square feet (hereinafter referred to as “the tenanted premises”) as shown in yellow colour in the site plan annexed with the eviction petition. The petitioners filed an application for leave to defend on 29.05.2012 which was allowed vide order dated 31.08.2013 passed by the court of Mr. Manish Yaduvanshi, SCJ-cum-RC, South, Saket Courts, Delhi. The court of Ms. Surya Malik Grover, SCJ-cum-RC, South, Saket Courts, Delhi (hereinafter referred to as “the trial court”), after trial, passed an eviction order vide judgment dated 29.09.2016 (hereinafter referred to as “the impugned judgment”) in respect of the tenanted premises in favour of the respondent and against the petitioners. The petitioners being aggrieved, filed the present revision petition to challenge the impugned judgment.

Signature Not Verified Digitally Signed By:HARVINDER KAUR

2. The respondent is stated to have expired on 02.03.2020. Thereafter, Dr. (Mrs.) Sangeeta Jain (hereinafter referred to as “the applicant”) filed applications bearing nos. CM APPL. 11464/2020 and CM APPL. 11530/2020 (both applications are identical in contents) under section 151 read with Order 22 Rule 4 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”) for impleadment as the legal heir of the deceased respondent. The petitioners filed application bearing no. CM APPL. 21832/2020 under section 151 read with Order 22 Rule 4 of the Code for impleadment of the legal heirs of the deceased respondent. These applications are under disposal.

3. The applicant in applications bearing no. CM APPL. 11464/2020 and CM APPL. 11530/2020 stated that the petitioners filed the present revision petition to challenge the impugned judgment passed by the trial court in respect of tenanted premises as shown in yellow colour in site plan annexed with the petition. The respondent during her lifetime had executed a Gift Deed dated 27.02.2012 in respect of tenanted premises which was registered on 01.03.2012 in favour of the applicant who is the daughter-in-law Signature Not Verified Digitally Signed By:HARVINDER KAUR (wife of son of the respondent namely Arun Jain). The petitioners also filed said gift deed by way of application bearing no. CM APPL. 32679/2018 on record which was decided by this Court vide order dated 14.08.2018. The applicant prayed that the applicant be impleaded as the legal heir of the respondent.

4. The petitioners filed replies to the applications wherein stated that the said applications are frivolous, misleading and not maintainable. The respondent filed the eviction petition falsely claiming to be the owner and landlord of tenanted premises on the ground of bonafide need for herself and son Arun Jain (husband of applicant Sangeeta Jain). The petitioners after filing of the present petition, came to know that the respondent had executed the gift deed whereby the respondent transferred the tenanted premises in favour of the applicant before filing the eviction petition under section 14(1)(e) of the Act. The respondent with malafide intention did not disclose that she was not the owner of the tenanted premises. The petitioners moved an application under Order 41 Rule 27 read with section 151 of the Code bearing no. CM APPL. 32679/2018 for bringing on record additional evidence which was allowed by this Signature Not Verified Digitally Signed By:HARVINDER KAUR Court vide order dated 14.08.2018. The respondent affirmed execut