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* IN THE HIGH COURT OF DELHI AT NEW DELHI BEFORE HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV + EX.F.A. 14/2024 & CM APPL. 24933/2024 Between: -

SHYAM SUNDER S/O LATE RAM DITTA MAL, RJO- B-20/11, ANKUR VIHAR, LONI, GHAZIABAD (U.P.) ....APPELLANT (Through: Mr. Varun Goswami, Mr. Naveen Grover, Mr. Hritiv Chaudhary and Mr. Sahil Agarwal, Advs.)

AND RAKESH DHAWAN S/O LATE. OM PRAKASH DHAWAN, RJO- H. NO-D-18/ 1, OLD GOVIND PURA, SOM BAZAR, DELHI-51 ....RESPONDENT (Through: None.)

+ EX.F.A. 15/2024 & CM APPL. 25062/2024 Between: -

NETRA PRAKASH SHARMA, S/O LATE. SEWA RAM SHARMA, R/O- H. NO-D-18/20, OLD GOVIND PURA, SOM BAZAR, DELHI-51 ....APPELLANT (Through: Mr. Varun Goswami, Mr. Naveen Grover, Mr. Hritiv Chaudhary and Mr. Sahil Agarwal, Advs.)

AND RAKESH DHAWAN S/O LATE. OM PRAKASH DHAWAN, RJO- H. NO-D-18/ 1, OLD GOVIND PURA, Signature Not Verified Signature Not Verified Digitally Signed Digitally Signed SOM BAZAR, DELHI-51 ....RESPONDENT (Through: None.)

+ EX.F.A. 16/2024 & CM APPL. 25074/2024 Between: -

NETRA PRAKASH SHARMA, S/O LATE. SEWA RAM SHARN1A, RFO- H. NO-D-18/20, OLD CIOVIND PURA.

SOM BAZAR, DELHI-51 ....APPELLANT (Through: Mr. Varun Goswami, Mr. Naveen Grover, Mr. Hritiv Chaudhary and Mr. Sahil Agarwal, Advs.)

AND RAKESH DHAWAN S/O LATE. OM PRAKASH DHAWAN, RJO- H. NO-D-18/ 1, OLD GOVIND PURA, SOM BAZAR, DELHI-51 ....RESPONDENT (Through: None.)

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% Reserved on: 07.11.2024 Pronounced on: 27.11.2024 -----------------------------------------------------------------------------------

J U D G M E N T

Since the issue involved in these appeals revolves around the same controversy, therefore, the captioned appeals are being decided by this common order. For the sake of convenience, the facts are exposited from EX.F.A. 16/2024.

2. Shorn of the unnecessary details, there is a dispute going on inter se family members of the respondent/decree-holder herein regarding the partition of property. The shop in question in the present lis is part of the said property. Admittedly, the appellant(s)/judgment-

debtor(s) herein are the tenants of the shop in question.

Signature Not Verified Signature Not Verified Digitally Signed Digitally Signed

3. The shop in question was in possession of the appellant/judgment-debtor since 1980 and on 12.02.1982, a rent deed was executed between the appellant/judgment-debtor and grandmother of the respondent/decree-holder. On 22.11.2003, the respondent/decree-holder sent a legal notice to the appellant/judgment-debtor to vacate the said premises and for payment of dues. Since, the appellant/judgment-debtor did not pay the dues, therefore, the respondent/decree-holder filed a petition under Section 14 (1) (a) & (j) of the Delhi Rent Control Act, 1958 (hereinafter referred to as “DRC Act”). The said petition was allowed vide order dated 07.10.2011 and the Court ordered that the appellant/judgment- debtor shall pay rent @ Rs. 200/month alongwith interest @ 15% p.a w.e.f 01.08.2002 till 16.02.2004 and thereafter, rent @ Rs. 220/month along with interest @ 15% p.a.

4. Thereafter, the respondent/decree-holder filed an eviction petition under Section 14(1) (e) read with Section 25-B of the DRC Act and the said petition was allowed vide order dated 06.01.2014. Moreover, the revision petition filed by the appellant/judgment-debtor was dismissed vide order dated 16.07.2014.

5. On 22.07.2014, the respondent/decree-holder filed an execution petition for execution of the judgment and decree dated 06.01.2014. The first objection was filed by the father of the respondent/decree- holder which was dismissed vide order dated 24.03.2017 and warrants of possession were issued on 31.03.2017. The appellant/judgment- debtor filed an appeal against the order dated 24.03.2017, which was also dismissed vide order dated 26.08.2017.

6. Thereafter, on 30.05.2017, the appellant/judgment-debtor filed their objections before the Executing Court and the Executing Court, Sig