32# $
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RC.REV. 32/2015
% Decided on: 16th January, 2015
MEENA DEVI & ORS. ..... Petitioners
Through: Mr. Manu Sishodia and Mr. Mahendra
K. Bairwa, Advocates.
versus
SHIV PRASAD ..... Respondent Through: None.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
MUKTA GUPTA, J (ORAL)
CM No.818/2015 (Exemption)
Allowed, subject to all just exceptions.
RC.REV. 32/2015 and CM No. 817/2015 (Stay)
1. The Petitioner is aggrieved by the order dated 17th July, 2014 passed by the learned ARC allowing the eviction petition filed by the Respondent and held that the Respondent was entitled to recovery the possession of the tenanted premises, that is, one room and shared kitchen, bathroom cum-toilet and balcony at House No.42, NDMC Quarters, Devi Prasad Sadan, Hailey Lane, New Delhi shown in red in the site plan.
2. The only issue raised before this Court by the learned counsel for the Petitioner is that there was no landlord-tenant relationship and the same having not been established no eviction order could have been passed.
3. A brief exposition of the facts is that the father of the Respondent late Munna Lal let out the premises to Shri Bal Raj Kumar husband of petitioner RC.REV. 32/2015 Page 1 of 9 No.1 and father of petitioner Nos.2 to 6 on 12th December, 1989 for residential use at the monthly rent of Rs.300/-. Since t