An Eviction petition was filed by the petitioner under section 4(1)(e) R/W Sec. 25-B of Delhi Rent Control Act and the respondent had filed their leave to defend but during the trial proceedings the respondent got to know that the petitioner is not an absolute owner of the property in question and the said property belongs to a government college whose land was already acquired and the award for the same has been passed and alloted to a government college vide notification u/s 22(1) of Delhi Development Authority Act. And now the respondent filed an application u/s 151 CPC with the said documentary evidence, which was also accepted the Court of Law.
Now, in this case the respondent requested to dismiss the said case with immediate effect as the petitioner is a trespasser on the said land not an owner. But the petitioner said that whereas the DDA had not took a possession of the said land in physical hence the notification u/s 22(1) has no value and is null and void.
Kindly provide me a legal opinion in this case that what should be the best possible decree/ proceedings in this case...
Please revert asap.
