PRITHVI RAJ TANDON Vs. SUBHASH CHANDER BASRA

JUDGEMENT

(1.) This is the plaintiff's application filed under Order 39 Rules 1and 2 and section 151 of the Code of Civil Procedure. The suit in which this application has been filed is for declaration that the plaintiff is the tenant of the first floor of the premises bearing No. 48/8, East Patel Nagar, New Delhi, of which, defendant No. I is the owner and that the plaintiff is not liable to eviction in execution of an order passed by Hon'ble Mr. Justice N.N. Goswamy of this Court which order is dated 8.5.1990 and was made in C.M. (Main) 217/89. In the application the prayer is that defendant No. I who is the owner and landlord of the premises in question be restrained from disturbing the possession of the plaintiff on the basis of the aforesaid order Mr. Justice N.N. Goswamy.

(2.) There are two defendants. As noted above, the. first defendant is the owner and landlord of the premises in question. The second defendant was the original tenant of the premises in question. The defendants have yet to file their written statements. Defendant No. 1 has, however, filed his reply to the present application. No reply has been filed by defendant No. 2.

(3.) Defendant No. 1 has raised various objections to the maintainability of the suit itself. He has stated that after the first round of litigation under the Delhi Rent Control Act and under Article 227 of the Constitution in which the plaintiff was a party and he having failed, he could not institute the present suit. This, it was stated, is against the provisions of the Delhi Rent control Act, 1958. It was also stated that against the order of Justice Goswamy, the plaintiff went in appeal even upto the Supreme Court and there also he failed. It also appears that the suit is barred under Explanation VIII to section if of the Code. The interim relief claimed by the plaintiff is sought to be denied to him on various other pleas on merit as well. In fact a plea was raised that the suit itself should be dismissed at this stage. However, in deciding the present application I have only to take a prima facie view of the matter.