RADHEY SHAYAM CHOUHAN vs RADHA SHARMA & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: December 06, 2025 + RC.REV. 337/2018, CM APPL. 29225/2018, CM APPL. 12164/2019 RADHEY SHAYAM CHOUHAN .....Petitioner Through: Mr. Samrat Nigam, Sr. Adv. alongwith Mr. Abhishek Verma, Ms. Arpita Rawat and Ms. Shabana, Advs. (M- 9811744539) Versus RADHA SHARMA & ORS .....Respondents Through: Mr. Arvind Bhatta, Ms. Ritika Choubey and Ms. Swastika Singh, Advs. for R-1 and 2. Ms. Apurva Tyagi, Ms. Divyanshu Rathi and Mr. Rajesh Bansal, Advs. for R-3 and 4. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE J U D G M E N T (ORAL) 1. As per respondents/ landlords (landlords) in their Eviction Petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (DRC Act) whereby the tenant was directed to vacate, the entire property where the subject premises, comprising of one large room with a tin shed in front on the ground floor of the building (commonly known as “Rath Khana”) bearing Municipal No.447, Cycle Market, Esplanade Road, Chandni Chowk, Delhi-110 006 (subject premises), is situated was their ancestral property, and of the 27 surviving members/ co-owners thereof, the RC.REV. 337/2018 Page 1 of 7 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:09.12.2025 15:33:24 landlords were duly authorised by the other co-owners to file the same. 2. More so, by means of a judgment and decree dated 20.12.1982 passed by a learned Single Judge of this Court in a Suit for Partition being C.S.(O.S.) No.224/1974 (earlier suit), the respective shares of the aforesaid co-owners were demarcated. Pursuant thereto, the same attained finality, in view of the subsequent order dated 11.08.1986 passed by the Hon’ble Division Bench of this Court in RFA(OS) No.29/1985 (earlier appeal). There was a bona fide requirement of