SHRI MAHARAJ SINGH Vs. RAM BABU

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 05.09.2006 which has reversed the findings of the trial Judge dated 30.07.2005. Vide judgment and decree dated 30.07.2005 the suit filed by the Plaintiff Maharaj Singh seeking possession of the suit property i.e. property comprising of one room forming part of property No. A-1/19, Gali No. 1, Nehru Vihar, Karawal Nagar, Delhi had been decreed in his favour. A decree of permanent injunction had also been given restraining the Defendant from transferring/alienating the suit property; decree of mesne profits @ 100/- per month from the date of filing of the suit till the date of possession had also been accorded in favour of the Plaintiff. This was reversed by the impugned judgment. The impugned judgment on all counts except one has supported the findings of the trial Judge. The impugned judgment had invoked the provisions of Section 50 of the Delhi Rent Control Act (DRCA) and had held that since the parties were governed by a landlord-tenant relationship, the rent of the premises was admittedly below 3,500/-, a suit for possession was not maintainable; bar of Section 50 of the said Act was applicable; jurisdiction of the Civil Court was barred; the Rent Controller alone had the jurisdiction to entertain the suit. This judgment is the subject matter of appeal.

(2.) This is a second appeal. It had been admitted and on 06.08.2009, the following substantial question of law was formulated:

(3.) None has appeared on behalf of the Respondent in spite of service.