PRABHAT MANUFACTURING INDUSTRIAL COOPERATIVE SOCIETY Vs. BANWARI LAL

JUDGEMENT

(1.) This is a regular second appeal under Section 100 of the Code of Civil Procedure against the decree and judgment dated 24th May, 1979 in R.C.A. No. 40/79 passed by the Additional District Judge whereby he affirmed and upheld the decree and judgment passed by a Sub-Judge, First Class, Delhi in Suit No. 318/77 dated 22nd September, 1978, decreeing the eviction' of the appellant.

(2.) . The memorandum of appeal sets out as many as eight questions claimed- to be "substantial questions of law". The" only point at issue is whether or not the suit property is 'premises' within the meaning of Section 2(i) of the Delhi Rent Control Act, 1958 because on that will depend whether the bar of Section 50 of the Act comes into play and the jurisdiction of the Civil Courts is barred. At the time of admission, Yogeshwar Dayal J. had formulated the substantial question of law as the interpretation of the allotment order Ex. Public Witness 2/1 dated 28th March, 1949.

(3.) . The relevant facts briefly stated are that a certain evacuee property was allotted to the appellant by the Custodian Evacuee Property on 28th March, 1949. Ex. Public Witness 2/1 is the communication making the allotment. It reads as under :