M.L.MEHTA, J. - (1.) THIS petition under Article 227 of the Constitution is directed against the order of 12.03.2009 of ADJ passed in RCA No. 13/2008, whereby she dismissed the appeal filed against the judgment and decree dated 15.3.2008 of Civil Judge.
(2.) THE petitioner had filed a suit for permanent injunction against the DDA and Estate Officer, claiming himself to be a tenant and in physical continuous possession in the suit premises bearing T-18 BTW, Quadam Sharif Estate, New Delhi. It was his case that he had been paying the rent of the suit premises to the DDA regularly at the rate of Rs. 10.00 per month, which, the defendant has enhanced to Rs. 30.00 per square yard per month, and thereafter at rate of Rs. 75 per square yard per month. Thereafter, the DDA filed a petition under Section 7 of Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (for short the 'Act') against the petitioner. Based on this premise, the suit was filed seeking permanent injunction against the respondents for restraining them from claiming and recovering rent at the rate of Rs. 75.00 per square yard per month in respect of the suit premises and further to restrain them from proceeding against him under Section 7 of the Act. On the preliminary objection taken by the respondent/DDA, a preliminary issue was framed as regard to the maintainability of the suit in the present form. The learned Civil Judge vide judgment dated 15.3.2008 dismissed the suit as not maintainable in view of the provisions contained in Section 7 and 15 of the Act.
(3.) THE petitioner carried the matter in appeal which came to be dismissed by the learned ADJ, vide the impugned order dated 12.3.2009. These orders of the courts below are under challenge in the instant petition.;