- (1.) This is a Civil Revision petition by the defendant against the dismissal of his appeal from the order and decree of the Subordinate Judge of the 1st Class Delhi, whereby he was to be ejected from the suit premises the owners of which are the plaintiff-respondents.
(2.) The appeal was dismissed by Shri Pritam Singh Pattar who has given his designation as Additional Senior Subordinate Judge, Delhi. The ground on which the ejectment of the defendant has been decreed is stated in clause (e) of the proviso to sub-section (1) of Section 13 of the Delhi & Ajmer Control Act, 1952 (No. XXXVIII of 1952) (hereinafter to be referred to as the Act), viz., that the premises were let for residential purposes and are required bona fide by the plaintiffs who are the owners of the premises for occupation as residence for themselves and that they have no other suitable accommodation. The defendant maintained that the premises had been let out to him for business as well as for residential purposes, and one of the concerns which was carrying on its business in these premises was Citizen Publishers Private Ltd., of which the defendant was the Managing Director. The following issues were struck on the pleading of the parties :- (1) Whether the defendant is liable to be ejected from the suit premises on the ground mentioned in the plaint i.e. under section 13 (1)(e) of the Rent Control Act ? O.P. (2) Whether the "Citizens Publishers" are tenants of the part of the suit premises, and if so, with what effect ? (3) Whether the plaintiffs are estopped from pleading that the premises were not let for business-cum-residential purposes ? (4) Relief. Both the Courts below have found these issues against the defendant.
(3.) On behalf of the petitioner, his counsel Mr. Mehtab Singh took up a preliminary objection that Shri Pritam Singh Pattar had no jurisdiction to entertain and hear this appeal. Section 34 of the Act lays down the courts to which appeals may be preferred by any person aggrieved by any decree or order of a Court passed under the Act, and the section is reproduced below :- "(1) Any person aggrieved by any decree or order of a Court passed under this Act may in such manner as may be prescribed, prefer an appeal - (a) to the Court of the Senior Subordinate Judge, if any, where the value of the case does not exceed two thousand rupees : Provided that where there is no Senior Subordinate Judge, the appeal shall lie to the District Judge; (b) to the Court of the District Judge, where the value of the case exceeds two thousand rupees but does not exceed ten thousand rupees; and (c) to the High Court, where the value of the case exceeds ten thousand rupees. (2) No second appeal shall lie from any decree or order passed in any case under this Act.";