UNION OF INDIA Vs. BIKARAMJIT NAYAR
LAWS(DLH)-1983-4-8
HIGH COURT OF DELHI
Decided on April 19,1983

UNION OF INDIA Appellant
VERSUS
BIKRAMJIT NAYAR Respondents

JUDGEMENT

Goswamy, J. - (1.)This second appeal by the defendant is directed against the iudgment and decree date 24-9-1982 passed by the Additional District Judge, Delhi whereby the plaintiff's appeal was allowed and his suit for ejectment was decreed.
(2.)The plaintff-respondent fied a suit for ejectment against the appellant. It was alleged that the appellant was a tenant of the plaintiff at a monthly rent of Rs. 275.00 in respect of the entire ground floor of the prop erly in dispute. A part of the premises was being used for running a post office while the remaining portion for the residence of the Sub-Postmaster. It was further alleged that the psemises were taken on rent prior to 1964 for a limited period of three years. The occupation of the appellant, therefore, became illegal after the expiry of the said period of three years. The respondent had earlier filed a petition for eviction on the grounds of clause (k) of Sub section (1) of section 14 of the Delhi Rent Control Act, which was dismissed as not maintainable. It was also alleged that since the premises were taken on lease by the Government, the provisions of Delhi Rent Control Act did not apply.
(3.)The suit was contested by the appellant. It was pleaded in the written statement that the suit was barred by the principles of res judicata. The plaint does not disclose any cause of action and that the suit was not maintainable for want of notice under Section 80 of the Code of Civil Procedure. On merits, it was pleaded that the appellant was a tenant and the provisions of Delhi Rent Control Act being applicable, the Civil Court had no jurisdiction to entertain the suit.
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