SURAJ PRAKASH PAHWA Vs. NAND LAL

JUDGEMENT

(1.) This petition has been filed by the petitioner challenging the order dated 18.07.2020 passed by the learned Rent Control Tribunal, dismissing the appeal filed by the petitioner, being RCT No. 33/2019.

(2.) The respondent herein had filed a petition under Section 44(3) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'Act') before the learned Additional Rent Controller, claiming that the respondent is a tenant of the petitioner with respect to shop bearing private no. (32-33) on the ground floor of property bearing no. IX/1604, (old no. X-499/3), Sri Krishna Market, Gandhi Nagar, Delhi- 110031, and the same is not habitable or usable besides being in a deplorable condition. The respondent asserted that inspite of the legal notice dated 07.11.2015 being served on the petitioner, the petitioner has failed to carry out the necessary repairs in the tenanted premises to make the same habitable/usable.

(3.) The petitioner herein challenged the maintainability of the above petition of the respondent on the ground that based on the same legal notice dated 07.11.2015, the respondent had earlier filed a petition under Section 44 of the Act, being RC/ARC No. 947/2016, which was withdrawn by the respondent without seeking leave of the learned Controller to file a fresh petition thereon, vide order dated 26.08.2017. The petitioner asserted that in view of such withdrawal without leave, the subsequent petition filed by the respondent was not maintainable on account of constructive res-judicata and under Order XXIII Rule 1(4) of the Code of Civil Procedure, 1908 (CPC).