BANSAI LAL Vs. CHANDER SINGH

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 3.11.2000 which has reversed the finding of the trial judge. The trial judge had decreed the suit of the plaintiff. Impugned judgment had dismissed it.

(2.) THE case of the plaintiff is that he is a tenant in the suit property. He had sought a decree of declaration and permanent injunction that he be treated as a tenant and the defendant be injuncted from dispossessing him. It is not in dispute that earlier the parties had been relegated to eviction proceedings before the Rent Controller. Eviction Petition No.5/1978 had been filed by Chander Singh against his tenant Krishan Hari where the plaintiff Bansi Lal was arrayed as a sub tenant. This eviction petition had been decreed and the ouster of the plaintiff had been ordered on 29.1.1983. In appeal before the Rent Control Tribunal vide judgment and decree dated 15.9.2004 the order dated 29.1.1983 was set aside. It was held that the Delhi Rent Control Act is not applicable to the suit property. Rent Controller is not vested with the jurisdiction to deal with the matter. This was affirmed in second appeal on 15.11.2004.

(3.) IN view of the aforenoted material which has come on record this is a fit case where the matter should be remanded back for decision by the first appeal court on its merits. Parties are directed to appear before District & Sessions Judge, Tis Hazari, Delhi on 11.3.2011 at 10.30 AM who will assign the matter to the concerned court who shall decide the matter by passing a speaking and reasoned order.