MUSARRAT ALI vs TASNEEM JAHAN

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 10.02.2025 + RC.REV. 616/2019 & CM APPL. 47593/2019 MUSARRAT ALI .....Petitioner Through: Mr. Vinay, Advocate. versus TASNEEM JAHAN .....Respondent Through: Mr. Diwan Singh Chauhan, Advocate. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed on behalf of the Petitioner/tenant seeking to challenge an order dated 26.04.2019 [hereinafter referred to as the “Impugned Order”] passed by learned Additional Rent Controller (Central) Tis Hazari Court, Delhi. By the Impugned Order, the Leave to Defend/Contest Application filed by the Petitioner/tenant has been dismissed and the Respondent/landlady has been found entitled to possession of the premises i.e., Shop bearing municipal No.1435-A, admeasuring 3.5 x 10 sq. ft., Ward No. IX, situated at Bazar Chitli Qabar, Jama Masjid, Delhi-110006, as shown in green colour in the site plan annexed with the Eviction Petition [hereinafter referred to as the “subject premises”]. 2. A Coordinate Bench of this Court by an order dated 18.11.2019 Signature Not Verified Digitally Signed By:RAHUL Signing Date:23.02.2025 RC.REV. 616/2019 Page 1 of 11 14:56:12 passed an order directing a stay of the execution of the Impugned Order till the next date of hearing subject to payment of user and occupation charges at the rate of Rs.5000/- per month. It is the case of the parties that the user and occupation charges are being paid regularly, however an interim stay is pending for the last more than five years. 3. The only contention that is raised by the Petitioner/tenant is that the subject premises is not owned by the Respondent/landlady. It is contended by the Petitioner/tenant that one Shri. Shafiq Ahmed, the previous owner