ARUN KUMAR JAIN Vs. BHAGWANT SINGH PABLA

JUDGEMENT

(1.) The present petition has been filed challenging the order of the Rent Control Tribunal (hereinafter, 'RCT') dated 11th March, 2019 as also the order of the Assistant Rent Controller (hereinafter, 'ARC') dated 21st April, 2018. A petition was filed under Section 14(1)(b) of the DRC Act by the Respondent - Mr. Bhagwant Singh Pabla (hereinafter 'landlord') against the Petitioners - Sh. Arun Kumar Jain, Smt. Archana Jain (hereinafter 'tenants') and M/s. Ritika Advertising Pvt. Ltd. The ARC, by the impugned order allowed the eviction petition primarily on two grounds i.e.

(2.) The said decree was challenged before the RCT by the tenants. The ld. RCT vide the impugned judgement dated 11th March, 2019 has held that the non-challenge to the findings rendered by the Civil Court on the earlier occasion in the suit for injunction, would constitute res-judicata inasmuch as the finding having not been challenged, has attained finality and thus there is no illegality or infirmity in the order of the ARC.

(3.) On behalf of the Petitioners - tenants, ld. Senior Counsel submits that the finding of the RCT that the order of the Civil Court in which the finding was arrived at in respect of sub-letting, was one which resulted in a dismissal of the suit filed by the Respondent and thus, the same could not constitute res-judicata. The submission is that though there was a finding which was rendered in the said judgment dated 29th March, 2004, the suit filed by the Respondent - landlord was finally dismissed. The tenants were not expected to challenge the said judgment inasmuch as since the decree was in their favour, a mere finding need not be challenged. Reliance is placed on the following three judgements: