Beg, J. - (1.) Jangbir, appellant is a tenant of a room in a house which was purchased by the respondent Mahavir Prasad Gupta on 15th May, 1956, for Rs. 1930/- shown in his sale deed as situated in "Khasra No. 203, Khewat No. 1, situated at Village Chowkri Mubarakabad. Delhi Province, within the abadi of Onkar Nagar-II" The landlord owner had filed a suit for the ejectment of the appellant and for recovery of rent which was dismissed by a Subordinate Judge of Delhi on 26th May, 1966 on the ground that the jurisdiction of the Civil Court was barred by the Delhi Rent Control Act, 1958, (hereinafter referred to as the Act) which provided the only modes of relief for aggrieved landlords by proceeding under the Act.
(2.) The respondent landlord had alleged that the suit lay in the ordinary civil Court and that it was governed by the provisions of the Transfer of Property Act inasmuch as the house, in which the appellant was the tenant of a room. fell outside the area to which the Act was applicable. The short question on which the case was decided was whether the house of the respondent was situated in an area to which the Act had been applied by a notification under Section 507 (a) of the Delhi Municipal Corporation Act, 1957, dated 7th January, 1960, published in the Delhi Gazette on 17 January, 1960 read with the notification dated 12th April 1962 under Section 1, sub-section (2) of the Act, published in the Gazette of India on 21st April, 1962.
(3.) The operative part of the notification of the Delhi Administration reads as follows: "No. F. 9/5/59-R and S- In exercise of the powers conferred by clause (a) of Section 507 of the Delhi Municipal Corporation Act, 1957 (66 of 1957), the Corporation with the previous approval of the Central Government hereby declares that the following localities mentioned in the Schedule given below, hitherto forming part of the rural areas, shall cease to be rural area." Thereafter, was given a schedule and then came the heading:"Shahdara Zone". The schedule has 5 columns. The first is for the "serial No." The second is for the name of the "Revenue estate", which is translation of Mauza, said to be an area composed of several villages. The third column is for the name of the actual village or colony of the Mauza. It is headed "Name of Colony Village proposed to be included in the urban area." The forth column is for what is called the "square number." The last and the fifth column was headed:"Khasra/Killa Nos. Covered by the Colony/villages." we are concerned here with serial No. 7 which has the entries indicated below made under the appropriate number of each column: "1. No. 7. 2. Chowki Mubarakabad. 3. Onkar Nagar Lekhu Pura. 4. Square No. Not given. 5. Across "Onkar Nagar" are shown:"238, 242, 240, 234, 235, 236, 231, 230 and 271":and across "Lekhu pura" are shown:"215 to 217, 211, 212, 199 to 203.";