JUDGEMENT
MANMOHAN SINGH, J. -
(1.)THE petitioner (respondent No.2 in the eviction petition) has filed the abovementioned revision petition under Section 25 -B(8) of the Delhi Rent
Control Act, 1958 (in short, called the "DRC Act") against the order dated
28th February, 2012 passed by the learned Rent Controller (South), Saket Courts, Delhi in Eviction Petition bearing No.E -216/09 whereby the eviction
order was passed against the petitioner and respondents No.2 to 6 herein by
dismissing the application for leave to contest in favour of respondent No.1,
directing the petitioner and respondents No.2 to 6 to vacate the ground floor,
South -East portion forming part of property bearing No.18/1, Mehrauli, New
Delhi, shown in red colour in site plan (hereinafter referred to as the "Suit
Premises").
(2.)BRIEF facts are that the respondent No.1 filed an eviction petition under Section 14(1)(e) read with Section 25 -B of the DRC Act against the
petitioner and respondents No.2 to 6 on the ground of bonafide requirement.
The respondent No.1 is the owner/landlady of the property bearing No.18/1
which is a two storeyed house. The petitioner and respondents No.2 to 6 are
the tenants in the suit premises. The said property was originally purchased
by Sh.Ram Dayal in public auction from competent Officer, Rehabilitation
Department, Jaisalmer House, New Delhi on 21st March, 1958. The
certificate of sale was issued on 4th November, 1963. Said Sh.Ram Dayal
sold vertical half portion of the said two -storeyed house consisting of ground
and first floor to the husband of respondent No.1, Late Sh.J.N.Bakshi vide
agreement to sell and other sale documents.
The suit premises was let out to Mr.Ram Kumar, father of the petitioner and respondents No.3 to 6. The rate of rent of the suit premises
was Rs.7.50/ - per month. The case of the respondent No.1 was that the tenants
have not paid the rent for the last 20 years.
(3.)SH .J.N.Bakshi expired on 4th April, 2003 and after the demise of Sh.J.N.Bakshi, the aforesaid property was mutated in the name of the
respondent No.1, as other legal heirs of Sh.J.N.Bakshi relinquished their
respective shares in the property in the name of the respondent No.1 vide
registered Relinquishment Deed dated 20 th August, 2004. Presently, the
respondent No.1 is aged about 76 years and is residing on the first floor of
the aforesaid property along with her family. The first floor comprises of
two bed rooms, one drawing room, one bathroom and one WC toilet, two
kitchens, one verandah and balcony. The second floor is having one small
asbestos temporary shed which is being used as store room.
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