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* IN THE HIGH COURT OF DELHI AT NEW DELHI BEFORE HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV + RFA 356/2008 & CM APPL. 12607/2008

1. SH. SATISH KUMAR SON OF LATE SH. BABU RAM R/O A-74, JANGPURA - B, NEW DELHI - 110014

2. SH. ASHWANI KUMAR SON OF LATE SH. BABU RAM R/O A-74, JANGPURA - B, NEW DELHI — 110014 ..... APPELLANTS (Through: Mr. Rajeshwar Kr. Gupta, Mr. A.K.Mishra and Mr. Sudhanshu Dwevidi, Advs.)

Versus

1. SMT. SIMLA (SINCE DECEASED THROUGH LRS.)

(I) SH. MANOJ VERMA SON OF LATE SH. S. C. VERMA R/O F-10/3, UGF, MALVIYA NAGAR, NEW DELHI-110017 (II) SMT. MONICA (VERMA) KAPOOR WIFE OF SH. KAMAL KAPOOR R/O 4206, UGF, SANT NAGAR, RANI BAGH, NEW DELHI

2. SH. TARSAME LAL TANDON H.NO. 13001, GALI NO. 1, NAI BASTI, BHATINDA (PUNJAB)

Signature Not Verified Signature Not Verified Digitally Signed By:PRIYA Digitally Signed

3. SH. BALDEV KRISHAN TANDON C/O SH. SANJEEV AUTO PARTS, SHOP NO. 9, JEELA PARISHAD, NEAR PUKRAJ CINEMA, BHATINDA (PUNJAB)

4. SH. DAVINDER PAL TANDON C/O SH. SANJEEV AUTO PARTS, SHOP NO. 9, JEELA PARISHAD, NEAR PUKRAJ CINEMA, BHATINDA (PUNJAB)

5. SMT. RAJ RANI BADWAY, H. NO. 469, HUDA COLONY, NEAR COHANA CHOWK, PANIPAT (HARYANA)

6. SMT. ASHA RANI GANDHI C/O AZAD TENT HOUSE, NEAR BUS STAND, FARIDKOT (PUNJAB) ….. RESPONDENTS (Through: Mr. Anil K. Khaware, Ms. Azma Zaidi and Mr. Yogendra Kumar, Advs. for R-1 Mr. Rajnish Kumar Gaind, Adv.)

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J U D G M E N T

The present first appeal has been preferred by the appellant-

defendants challenging the judgment and decree dated 23.04.2008, passed by the learned Additional District Judge, Karkardooma Courts, in Suit No. 278/06/94. By the impugned judgment, the Trial Court decreed the suit for Signature Not Verified Signature Not Verified Digitally Signed By:PRIYA Digitally Signed declaration filed by respondent-plaintiff, thereby, declaring her to be the owner of the suit property.

2. The facts, as discerned from the record, indicate that Mr. Devi Dayal, a displaced person who had migrated to India during the partition, was allotted the suit property, i.e., A-74, Jangpura B, New Delhi, by the erstwhile Ministry of Rehabilitation under the provisions of the Displaced Persons [Compensation and Rehabilitation] Act, 1954. He passed away on 28.08.1963, leaving behind his wife, late Mrs. Chanan Devi, and one of their child, Mrs. Simla. Mrs. Simla is the original plaintiff in the instant suit.

3. The case of the respondent-plaintiff before the Trial Court was that late Mr. Devi Dayal had purchased the suit property and made full payment to the concerned authorities. However, before the execution of the conveyance deed/lease deed in his favour by the authorities, he had passed away. During his lifetime, late Mr. Devi Dayal had let out the premises to Mr.Babu Ram, the predecessor of the appellant-defendants. Upon the demise of late Mr. Devi Dayal, his legal heirs, including the instant respondent-plaintiff, realized the rent from the tenants, inheriting all rights, title, and interests held by the deceased in the suit property.

4. Subsequently, late Mrs. Chanan Devi, the widow of Mr. Devi Dayal and mother of the respondent-plaintiff, filed an eviction petition under Section 14(1) (e) of the Delhi Rent Control Act, 1958, before the Rent Controller in the year 1982. However, during the pendency of the proceedings, late Mrs. Chanan Devi passed away on 30.10.1982. An application for substitution of the legal heirs of the deceased, including the Signature Not Verified Signature Not Verified Digitally Signed By:PRIYA Digitally Signed respondent-plaintiff, was moved before the Rent Controller, but was not allowed due to technical reasons relating to the bona fide requirement of the deceased and the legal standing of her heirs.

5. According to the respondent-plaintiff, the tenants, instead o