MOBIN Vs. MASTER KAUSAR

JUDGEMENT

(1.) The Petitioner takes exception to an order dated 31.10.2012 passed by the Lower Appellat e Court whereby RCT Appl. 29/2012 against an order dated 03.10.2012 passed by the Additional Rent Controller (North-East) was dismissed.

(2.) An Eviction Petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 was preferred by the Respondent from a suit premises situated CM(M).1196/2012 Page 2 of 3 at 410, Gali No.19, Main Road, Jafrabad, Delhi. After hearing both the parties, the Application for leave to defend filed by the Petitioner was dismissed by an order dated 17.01.2011. The Petitioner unsuccessfully challenged the eviction order by way of RC Revision Petition No.258/2011 which was dismissed by an order of this Court dated 05.03.2012. One of the grounds taken up in the Revision Petition was that the provisions of the Delhi Rent Control Act, 1958 are not applicable to the tenancy premises.

(3.) The Petitioner tried his luck by filing a civil suit for declaration that the eviction decree passed in the Eviction Petition was a nullity as the Rent Controller did not have an inherent jurisdiction to try the Eviction Petition. The plaint inthe civil suit was rejected under Order VII Rule 11 of the Code o f Civil Procedure by an order dated 05.07.2011. Admittedly, the said order attained finality as it was not challenged by the Petitioner.