NAND KISHORE Vs. RAM KISHAN

JUDGEMENT

(1.) This appeal by special leave raises the question of the construction of some of the provisions of the Delhi Rent Control Act, 1958 (Act 59 of 1958), hereinafter called the Act.

(2.) Appellant-1st defendant is the owner of premises No. 6022, Gali Mandir Wali, Arya Samaj Delhi Ram Saram Das, respondent No. 2 herein, was the tenant of the appellant in respect of the said premises and Ram Kishan Das, respondent No. 1 herein, was a sub-tenant. On January 30, 1959 the appellant obtained a decree for ejectment against the 2nd respondent from the Court of the Subordinate Judge, Delhi. To that suit the 1st respondent, the sub-tenant, was not made a party. When that decree was sought to be executed against the 2nd respondent, the 1st respondent obstructed delivery of possession of the premises on the ground that he, as a sub-tenant, had become a tenant under the provisions of the Act. The executing Court rejected his claim. Thereafter, on May 22, 1962 the 1st respondent filed a suit in the Court of the Senior Subordinate Judge, Delhi against the appellant and respondent No. 2 praying for a decree for a permanent injunction against the appellant and the 2nd respondent restraining the appellant from taking possession of the said premises. The appellant inter alia contended that S. 50 of the Act was a bar to the maintainability of the suit in a civil Court. It is not necessary to state the other defences, as nothing turns on them in this appeal .The said plea was rejected in the first instance by the learned Subordinate Judge, on appeal by the learned Senior Subordinate Judge and on Second Appeal by the High Court. Hence the appeal.

(3.) The only question that arises in this appeal is, whether S. 50 of the Act is a bar to the maintainability of the suit filed by the 1st respondent against the appellant.