Delhi High Court Upholds Trial Court's Order, Dismisses Petition Challenging Substitution of Legal Heirs in Eviction Case

In a recent judgment dated September 27, 2023, the Delhi High Court, presided over by HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA, upheld the order of the Trial Court in a case involving the substitution of legal heirs in an eviction petition. The petitioner, Shri Ram Maggo, had challenged the Trial Court's decision to allow the application filed by the legal heirs of the deceased landlady, Smt. Munto Begum.

One of the key objections raised by the petitioner was the lack of a formal application for condonation of delay in filing the substitution application. However, the High Court addressed this issue by referring to a Supreme Court judgment dated 10.01.2022 in Suo Moto W.P.(C) 3/2020, which allowed for the exclusion of a specific period for the purposes of limitation. In light of this, the objection regarding limitation was deemed untenable.

Another objection raised by the petitioner was the non-disclosure of details of all Class-I legal heirs of the deceased landlady in the application for substitution. The Trial Court had considered the original Will dated 17.09.2020, which was filed as evidence, and had allowed the application based on its contents. The High Court noted that the Trial Court's order did not suffer from any error or infirmity, and the rights of other legal heirs were specifically preserved.

The High Court further emphasized that the petitioner, who was a tenant in the property in question, lacked the locus to raise objections to the application filed by the sons of the deceased landlady under Order XXII Rule 3 of the Civil Procedure Code (CPC). It was suggested that the objections raised appeared to be a delay tactic in the adjudication of the application for leave to defend, which was pending before the Trial Court.

Consequently, the High Court dismissed the petition, affirming the Trial Court's order, and deemed the petition to be without merit.

Representing the petitioner, Shri Ram Maggo, were advocates Mr. Rahul Kr. Singh and Mr. Shailendra Kr. Singh. The judgment, while addressing the petitioner's objections, reiterated the importance of following legal procedures in matters related to substitution and eviction, ensuring that the rights of all parties involved are duly considered.

Date of Decision: September 27, 2023

SHRI RAM MAGGO  vs  SMT MUNTO BEGUM NOW DECEASED  & ORS