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Showing contexts for: tenancy devolving in Anita Mehta vs Jatinder Singh on 3 May, 2025Matching Fragments
2. It is the case of the petitioner that late Sh. Mohan Lal Mehta, the father-in- law of the petitioner had purchased the property in question from the Rehabilitation Housing Corporation Ltd. vide sale deed dated 09.01.1969 registered with the office of the Sub-Registrar, Delhi. Thereafter, Sh. Mohan Lal had constructed a building on the said property. That Late Sh. Mohan Lal Mehta had rented out a portion comprising of a room with a thala on the ground floor of the property to the grandfather of the respondent/ tenant, Late Pritam Singh around the year 1960 at a monthly rent of Rs. 200/-. That Sh. Mohan Lal Mehta died intestate on 24.05.1990 leaving behind his wife, three sons and three daughters. That after the demise of Late Mohan Lal Mehta, his daughters relinquished their shares with all their rights, title and interest qua the aforementioned property in favour of their brothers i.e. Col. R.L. Mehta, Sh. Ashok Mehta and Sh. Harish Mehta vide release deed dated 24.01.1996 and thus, they became the joint owners in respect of the property bearing No. N-63, Kirti Nagar, New Delhi-110015. Thereafter on 31.07.1996, the abovementioned joint owners mutually decided to execute a partition deed to partition the said premises by metes and bounds amongst themselves. That the tenanted premises came into the share of Sh. Ashok Mehta and being the exclusive owner of the abovementioned share, he raised construction over and above the first floor of his property. That Sh. Ashok Mehta had unfortunately expired on 17.04.2004 and thereafter his estate devolved upon his first Class-I legal heirs i.e his wife (petitioner), son and daughter. Subsequently, the petitioner's son and daughter relinquished their right qua the said premises in favour of the petitioner vide Relinquishment Deed dated 14.10.2009. Thus, the petitioner became the exclusive owner in respect of parts of the property bearing No. N-63, Kirti Nagar, Delhi-110015. It is also averred that after the demise of the original tenant, by operation of law the tenancy devolved upon his legal heirs. That ever since the demise of Sh. Pritam Singh, the respondent has been in exclusive possession of the tenanted premises, none of his other legal heirs have come forward to assert any tenancy right and/or discharge of obligations as tenants. That no person ever tendered rent in respect of the shop in question to the petitioner.