Niwas Jindal & Anr vs Manju Ahuja

Sanjeev Sachdeva, J

CM APPL. No. 6409/2020

Allowed, subject to all just exceptions.

CAV No. 153/2020

Since caveator has entered appearance, caveat is discharged.

RC.REV. 101/2020 & CM APPL. No. 6410/2020

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.

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

premises.

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.

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.

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

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.

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Controller is dismissed as withdrawn.

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.

Order dasti under signatures of the Court Master.