- (1.) Petitioner is seeking special leave to appeal from the judgment dated May 20, 1999 of Delhi High Court. By this judgment High Court reversed the order of Additional Rent Controller granting leave to defend to the petitioner [municipal Corporation of Delhi (for short 'corporation') ] under Section 14d of the Delhi Rent Control Act, 1958 (for short 'the Act'). Respondent as landlady sought eviction invoking the provisions of Section 14d of the Act, she being a widow.
(2.) It is submitted by Mrs. Sawhney, learned counsel for the Corporation, that two substantial grounds were raised before the Additional Rent Controller for the purpose of granting leave to defend and that the High Court was wrong in reversing that order. She said two grounds were that there was no relationship of landlord and tenant between the parties as the respondent had no title to the property and that premises in question was not let out either by husband or by her. Mr. Minocha, learned counsel for the respondent raised a preliminary objection as to the maintainability of this petition under Article 136 of the Constitution. He said no leave should be granted to the Corporation inasmuch as it has raised a false plea as to the title to the property of the husband of the respondent by concealing facts which were" to its knowledge.
(3.) It is not disputed that the respondent is the widow of Chander Mohan Bhasin, who died on May, 25, 1995. He had purchased this property from its previous owner on April 3, 1991. After purchase of the property Bhasin, husband of the respondent informed the Corporation by his letter, sent in July, 1991 requesting for mutation in his name. This letter was received in the office of the Assistant Assessor and Collector of the Corporation of the area concerned on July 18, 1991. Corporation was told that the property was purchased by Bhasin by registered document and the particulars thereof were also given. Nothing happened. Again, on December 23, 1991 another letter was sent by Bhasin to the Assistant Assessor and Collector praying for mutation of ownership of the property in his name. With this letter he also sent photocopy of the sale deed. Again nothing happened. Bhasin went on writing to the Corporation. For the first time his letter of February 1, 1994 was acknowledged by the Corporation and he was informed by letter dated August 8, 1994 of the Corporation that the property had been mutated in his name. With such a record of the Corporation it certainly could not deny the title of the property with the widow of Bhasin and the relationship of landlady and tenant between them. It is difficult to accept the plea of the Corporation that there was no attainment by it to Bhasin or to his widow, the respondent, establishing relationship of landlord and tenant between the parties.;