Eviction suit for a property which is slum notified
Brief on Property:
The property under consideration is located in Anand Parbat, Industrial Area, Karol Bagh, Delhi-110005. This property was leased out by Ramjas foundation to individuals. My late husband is the original licensee.
Few years back DDA won the case against Ramjas Foundation and took over this area. Please refer the following suit for more details:
Ramjas Foundation & Ors vs Union Of India & Ors on 9 November, 2010
Author: G Singhvi
Bench: G.S. Singhvi, Asok Kumar Ganguly
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6662 OF 2004
1. Case History of tenant “Y.P Mahajan”:
My Husband Late Shri Deepak Gupta entered into a Lease agreement in 2006.
With M/s Hindustan metal and Steel Industries through its directors Mr. Y.P. Mahajan and his brother A.K. Mahajan.
After my husband’s demise in March 2005, we verbally requested them to vacate some portion of the leased area as we (me and my son) wanted to start our business. They did not agree and eventually we filed an eviction law suit 42714/2007.
During the course of this law suit we entered into a mutual agreement, wherein
Y.P. Mahajan vacated some area and signed a new Lease agreement with me for the area which we are contesting today.
2. Ownership Facts:
a) My husband Late Shri Deepak Gupta is the original License Holder of the said property.
b) He has been paying the lease charges to Ramjas (till the time DDA did not come into picture).
c) My husband and after his demise we have been continuously paying property tax to DDA.
d) Also, there was a drive by DDA in April 2005 with an objective to collect proof of ownership i.e. Ramjas Lease. We submitted all the documents and hence we received a receipt from DDA.
e) Most importantly, my husband has spent all his earnings and savings to build the structure and interiors on this property.
a) Legally we have the ownership rights to the said property.
b) We gave Mr. Y.P. Mahajan the authority to do business in this premises under a bonafide lease agreement. That too, executed twice once with my husband in 2006 and then with me on 1st Jan 2008 [He has been paying rent regularly thru cheque until we initiated this suit]. (He claims that we did fraud with him and that too twice!! And he came to know about this fact after we filed this eviction suit).
c) My husband and later I, have been paying property tax. We have built and maintained the structure with our hard-earned money and efforts.
d) Let’s assume for a while that we did wrong/fraud/mistake by giving this place on rent as pointed out by Mahajans counsel by exhibiting a notification; even then Who is Mahajan to question our ownership? We only, gave him the authority to work out of this property by executing the lease agreement.
e) Mr. Y.P Mahajan also got an electricity connection only after taking an NOC from my husband in 2006.
4. We have these Supporting Documents:
1) Lease from Ramjas in favor of my husband.
2) Lease fees receipts from Ramjas.
3) Property Tax receipts from Municipal Corporation of Delhi.
4) Receipt from DDA from ownership identification drive.
5) Old Lease with M/s Hindustan metal and steel.
5. Latest on-goings in court:
The main case is going on in Tis Hazari in the court of Civil Judge “Snigdha Sarvaria”, Suit No. 42/2012. The honorable judge had passed an order in our favour- asking the defendant to deposit the pending rent with interest and mesne profits. The honorable judge had mentioned that the Title and ownership of the said property is not under consideration it is only the the tenancy/inductment under consideration.
The defendant, to run away from the order filed a separate appeal in Tis Hazari only to stay/challenge the order. [This appeal is still in process]. Also, the defendant filed another case in High court for the same reason.
Recently, I had to file my witness and other witnesses also, but the defendant again has made an amendment in the suit stating that the property lies in the slum area and comes under Slum act and we have to take permission from the slum court [supported with an RTI]. On researching we had found that it is correct that the property is slum notified and since we came to know we are approaching the slum court i.e. since January, 2014, but unfortunately, the Judge has not been appointed till date.
Please advice on how we should proceed with this suit. As you can see I am facing lot of difficulty in getting the rent. I am unsure about the eviction.
Widow of Late Shri Deepak Gupta.
Asked in Civil Law from New Delhi, Delhi
it is necessary to go through the case papers to advice .contact any expert on this site from Delhi and act as per his advice . you have to wait for suits filed by you to be disposed of
Do you want to know only about your case before slum authority who has not been appointed,for it you can file application before district judge for directions/assignment of some other court to deal with your slum case. However I would suggest to meet me as I am in Delhi High Court and discuss with me along with all files/documents for correct opinion in the matter. You may if so desire consult me on phone through this site.
Advocate, New Delhi
Unless and until all the case related documents are perused threadbare it will not be possible for any expert to apply his legal mind. Consult a lawyer personally and show him all the related documents of the case.