In a suit filed for bonafide need under section 14(1)e of Delhi Rent Control Act, by me, the landlord was contested by the nephew of the tenant as SPA holder of his uncle- the Tenant- who was settled abroad with his family . This nephew is in unauthorised possession of the premises, a shop.
However the Leave to Defend of the nephew was DECLINED by the court. Decree was passed against the tenant who was residing abroad throughout the litigation.
During the Execution proceedings, the JD- the tenant living abroad expired. His legal heirs all reside abroad. The news of death of the JD was broken to the Delhi High Court during the Revision Petition filed by the SPA holder. ONLY the date of death of the JD has been disclosed in the last hearing in the High Court held on 20-11-24.
No death certificate has been placed on record before the High Court and neither the LRs substitution has been done.
It is unlikely that it would be done either as the LRs are NOT cooperating with the nephew. The Revision Petition in the High Court is most likely to abate asLimitation period of 90 days is already over. The JD expired on 13-01-24 and they disclosed the fact of his death on 02-08-23 and his date of death on 20-11-24.
The High Court is not being kind to them for the delay in disclosing death and has told them to file appropriate application by the next date and told their advocate to file his vakaltnama on behalf of LRs. This is unlikely to happen.
In the last order, the High Court has granted no interim protection against execution proceedings and told the DH, that's me, to seek whatever relief I want from the Executing Court.
Now, the problem that I face is that I am unaware of the names and addresses of the LRs of the deceased JD.
How do I do LRs substitution in case they are untraceable ?
Is my Execution of the decree going to abate if I fail to do LR substitution?
What happens to the nephew who is in unauthorised possession of the premises in case the Execution is abated?
Do I need to file another suit against the nephew who is actually a tresspasser in the eyes of law, to get back my possession?
One way that I have thought is to do LRs substituion by addressing the LRs as :
Mr. G(SURNAME), SON of late Sh. <JD'S NAME>
MRS. G( Surname), WIFE of laye Sh. < JD's name)
Address of the LRs is derived from the adress given on the SPA by the nephew and placed on record in LeaveTo Defend.
Please advise as to how to do LRs substitution as early as possible, as my limitation period of 90 days starts from 20-11-24 , the day they disclosed the date of death of the JD to the High Court.
But how do I manage without the death certificate of the JD ? On the basis of their statement of date of death as reflected in the High Court's order ???
Please advise early .
With regards to all and thanks in advance
