RC.REV. 575/2019 Page 1 of 16

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 03^rd JUNE, 2022

IN THE MATTER OF:

+

RC.REV. 575/2019 &CM APPL. 12406/2022

SHAHEEN BEGUM

..... Petitioner

Through:

Mr. Dalip Mishra, Advocate.

versus

SAIRO BANO

..... Respondent

Through:

Mr. Nasir Aziz, Advocate.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

SUBRAMONIUM PRASAD, J.

1.

The instant revision petition under Section 25-B (8) of the Delhi Rent

Control Act is directed against the Order dated 24.07.2019, passed by the

learned A.R.C. (Central), Tis Hazari Courts, Delhi, in Eviction Petition,

being

E.No.461/2018,

dismissing

the

application

filed

by

the

Petitioner/Tenant for leave to defend and evicting the Petitioner

herein/Tenant from the property bearing No. No. T-428, Pahar Wali,

Qasabpura, Sadar Bazar, Delhi (hereinafter referred to as „the tenanted

premises‟).

2.

The facts, in brief, leading to the instant petition are as under:-

i.

It is stated that the tenanted premises was purchased by late

Hameeda

Begum,

sister-in-law

of

the

Respondent

herein/Landlady in the year 1995 vide a transfer-cum-sale deed,

including registered Power of Attorney.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002231

RC.REV. 575/2019 Page 2 of 16

ii.

It is stated that vide a rent note dated 01.10.2001, entered into

between the Petitioner herein/Tenant and Hameeda Begum for a

sum of Rs.50,000/-, one room on the second floor of the

tenanted premises was let out to the Petitioner herein/Tenant. It

is pertinent to mention here that the said rent agreement was to

be valid till 31.07.2003.

iii.

It is stated that Hameeda Begum died in 2001 intestate and as

she was issueless and her husband had passed away before her

death, tenanted premises devolved upon her three brothers

namely

Mohd.

Shakir

(husband

of

the

Respondent

herein/Landlady), Mohd. Zahid & Mohd. Shahid.

iv.

It is stated that on 18.07.2003, a rent agreement was entered

into between the husband of the Respondent herein/Landlady

and the Petitioner herein/Tenant at a monthly rent of Rs.700/-

and since then the Petitioner/Tenant is occupying the tenanted

premises.

v.

It is stated that the husband of the Respondent herein/Land-lady

passed away on 24.10.2003 and after the death of Respondent’s

husband, the Respondent herein and her two daughters along

with Mohd. Zahid & Mohd. Shahid got the ownership rights of

the tenanted premises. It is stated that Mohd. Zahid & Mohd.

Shahid relinquished all their rights in the property and, vide

settlement deed dated 10.10.2017 and relinquishment deed

dated 10.10.2017, made the Respondent herein/Landlady the

sole owner of the tenanted premises.

vi.

It is stated that the Respondent herein/Landlady, along with her

two daughters, namely Uzma & Muneeza, are residing at the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002231

RC.REV. 575/2019 Page 3 of 16

tenanted premises on the first floor and they have kept one

room on the second floor to themselves.

vii.

It is stated that the room in the possession of the Respondent

herein/Landlady on the second floor is hardly used by her as the

Petitioner herein/Tenant locks the main entrance to the second

floor which causes great hardship and difficulty for the

Respondent herein/Landlady. It is stated that the Respondent

herein/Landlady is a chronic skin disease patient and doctors

have advised her to go in open air as much as possible as this is

an essential requirement for her health. It is further stated that

the Respondent’s/Landlady’