R S RAJAN Vs. JAMNA DAS

JUDGEMENT

(1.) This Second Appeal is directed against the order of the Rent Control Tribunal, Delhi dated 23rd May, 1981 property the learned Tribunal has allowed the appeal of the landlord and dismissed the objections raised by the petitioner tenant regarding inherent lack of jurisdiction.

(2.) . The landlord-respondent has filed a petition for eviction and obtained the order of eviction against the petitioner for the eviction in 7th August, 1977 with reepect to the property the dispules. How the property was not vacated, the landlord took out the execution. In execution, the tenant-objector asked for the stay of the dispossession on the ground that he had filed objections to the execution of the decree and one of the grounds taken in the objections is that the decree passed by the Additional Rent Controller was without jurisdiction inasmuch as the property is situated in the revenue estate of Behapur to which the Delhi Rent Control Act, 1958 was not applicable at the relevant time.

(3.) . The executing court allowed the objections to be raised and permitted the parties to lead evidence on the objections.