Niwas Jindal & Anr v. Manju Ahuja

1. By this petition, petitioner impugns order dated 09.07.2019 whereby the leave to defend application of the petitioner has been dismissed and an eviction order passed. 2020:DHC:1121

2. Learned senior counsel appearing for the petitioners, inter alia, contends that the respondent is neither the owner nor the landlord of the subject premises.

3. It is contended that the admitted position is that the property was let out to the petitioners by Smt. Shanti Devi, the mother-in-law of the respondent and after her demise, the property has devolved on her children including the husband of the respondent and since the husband is alive, the eviction petition was not maintainable by the respondent.

4. It is further contended that when the petitioners, in a suit for injunction had contended that respondent was receiving the rent from the petitioners, she had sought to dispute the same and contended that there was no relationship between the parties.

5. Learned senior counsel for the petitioners contends that the subject petition is not maintainable at the behest of the respondent.

6. Learned counsel for the respondent under instruction seeks leave to withdraw the eviction petition reserving the liberty of the owners/co-owners to file a fresh petition on the same cause of action.

7. In view of the above, the impugned order dated 09.07.2019 is set aside. The eviction petition filed by the respondent before the Court of Rent Controller is dismissed as withdrawn.

8. Needless to say that the owners/co-owners shall have the right to file an eviction petition, on the same cause of action, in accordance with law without being influenced by anything stated in this order.

9. Order dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J. FEBRUARY 17, 2020 neelam