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"The concept of ownership in a landlord­tenant litigation governed by the Delhi Rent Control Act, has to be distinguished from the one in a title suit. If the premises was let out by a person and after his death, the premises has come in the hands of beneficiary under a Will, the tenant has no right to challenge the title of such a beneficiary. If on the death of the original owner, the tenant has any doubt as to who was the owner of the premises, he is supposed to file an interpleader suit impleading all the legal heirs of the deceased and ask the Court to decide as to who shall be the landlord/owner after the death of the original owner. Where no interpleader suit is filed by the tenant and the tenant continues in possession after death of the original owner without demur and without raising an objection against the person, who claims to have inherited the property under the Will, he later on cannot challenge the ownership of such a person. It is not the domain of the tenant to challenge the Will of the deceased landlord. If a landlord is able to show that there is a testament in his/her favour, he/she is deemed to have discharged his/her burden of proving the ownership under the Act. If the tenant takes a frivolous objection about ownership, such an objection cannot be entertained unless the tenant comes forward as to who was the landlord/owner of the premises and to whom he has been paying rent after the death of the original owner."

Brahma Devi v. Sat Prakash Gupta E-46/12 It has been held in Pamela Manmohan Singh Vs. State, 2000 RLR 137 that, "It is not mandatory that a probate be obtained in respect of Wills executed in and dealing with properties in Delhi." 16.2 It has been held in Bharat Bhushan Vij Vs. Arti Tchchandani, 2008 VIII AD (Delhi) 285 that, "If premises was let out by a person and after his death, premises has come in hands of beneficiary under a Will, tenant has no right to challenge the title of such a beneficiary­ If on death of original owner tenant has any doubt as to who was owner of premises, he is supposed to file an interpleader suit impleading all legal heirs of deceased and ask the Court to decide as to who shall be landlord/owner after the death of the original owner." 16.3 On the issue under consideration, the respondent has laid emphasis on the case of Ishwar Dass Rajput's case (supra). In the said case, the judgment relied upon by the petitioner i.e. M/s International Building and Furnishing Co. Pvt. Ltd. & Anr.'s case (supra) was also considered. The law as clear on the subject is set out in Kanta Goel's case (supra) as well as in Ishwar Dass Rajput's case (supra) to the effect that, "No court has decided that the Rent Brahma Devi v. Sat Prakash Gupta E-46/12 Controller has no jurisdiction to decide the validity of a Will.". At the same time the Rent Controller is also to see as to whether the tenant can challenge the validity of the Will in favour of the petitioner. I have already set out the law on the subject as set out in Bharat Bhushan Vig's case (supra). In this context, the petitioner has also relied upon Navneet Lal's case (supra) which also lays down the law regarding incompetence of the tenant to question the validity of the Will.