LAJJAWATI SHARMA & ANR vs RAM CHANDER JAIN (DECEASED) THR LEGAL HEIRS

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 12.03.2025 + RC.REV. 340/2017 LAJJAWATI SHARMA & ANR .....Petitioners Through: Ms. Nandni Sahni and Ms. Tanya Singh, Advs. versus RAM CHANDER JAIN (DECEASED) THR LEGAL HEIRS .....Respondent Through: Mr. J.K. Srivastava, Ms. Tarun and Mr. Deepak Kashyap, Advs. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed on behalf of the Petitioners/landlords impugning the order dated 26.05.2017 [hereinafter referred to as “Impugned Order”] passed by the learned ARC-02/Central/Tis Hazari Courts, Delhi with respect to the premises i.e., Municipal No. 404, Ward No. VI, Haveli Haider Kuli, Chandni Chowk, Delhi-110006 as shown in colour red in the site plan annexed with the Eviction Petition [hereinafter referred to as “subject premises”]. By the Impugned Order, the Eviction Petition filed by the Petitioners/landlords was dismissed. 2. Learned Counsel for the Petitioners/landlords submits that the Impugned Order suffers from an infirmity on two counts. Firstly, that the learned Trial Court has given a finding that the Petitioners/landlords failed to prove their ownership of the subject premises, which is contrary to the record. 2.1 Learned Counsel for the Petitioners/landlords further contends that Signature Not Verified Digitally Signed RC.REV. 340/2017 Page 1 of 14 By:GEETA JOSHI Signing Date:01.04.2025 16:40:20 once a Sale Deed was placed on record and exhibited before the learned Trial Court, the challenge to the ownership does not remain. The Petitioners/landlords had purchased the subject premises by virtue of a registered sale deed dated 27.09.2000 executed between the Petitioners/landlords and one, Shri Sunder Lal [hereinafter referred to as “Sale D