CHANDER PRAKASH AND ORS. Vs. SUSHILA RANI

JUDGEMENT

(1.) The present petitions challenge the impugned order dated 19th November, 2019 passed by the Rent Control Tribunal ("RCT"), by which the RCT has held that the order of the Rent Controller ("RC") by which the application under Order VII Rule 11 CPC was dismissed, is not an appealable order, and has hence rejected the appeal.

(2.) Two petitions for eviction were filed by the Respondent - Ms. Sushila Rani against her tenants in respect of two shops bearing Nos. WZ-850 (Private Shop no. 3) Main Bazar, Rani Bagh, Delhi-110034 at ground floor and WZ-850 (Private Shop No. 2) Main Bazar, Rani Bagh, Delhi-110034 (tenanted premises). The eviction petitions were preferred under Section 14(1) (e) for the purposes of bonafide use. In the said eviction petition, an application under Order VII Rule 11 CPC was filed by the Tenants on the ground that the Delhi Rent Control ("DRC") Act, 1958 does not apply to the tenanted premises as the same has not been notified under Section 1(2) of the DRC Act and since a specific notification is required for the application of the DRC to a particular colony. The said application was rejected by the ld. RC on various grounds. The findings of the ld. RC are as under:

(3.) The present petition was listed on 25th February, 2020, on which date part arguments were heard, both on the question of maintainability, as also the question as to whether the DRC Act applies to the tenanted property. Considering the fact that issues in respect of the relevant notifications and applicability of the DRC Act in respect of Rani Bagh were raised, the Court had requested the assistance of Ms. Mini Pushkarna, who is the Standing Counsel for all the Municipal Corporations, including the North Delhi Municipal Corporation.