DELHI DEVELOPMENT AUTHORITY Vs. DARSHAN LAL

JUDGEMENT

(1.) . This second appeal is directed against the judgment of the learned Additional District Judge, dated 7.8.1992, by which the first appeal filed by the respondent herein against the dismissal of his suit has been allowed and the matter has been remanded back to the board of the learned trial court for adjudication on merits.

(2.) . Briefly stated the relevant facts leading to the present appeal are that the respondent herein had filed a suit against the petitioner-DDA for injunction for restraining them from issuing any demand/recovery of damages in respect of the suit premises bearing property No.6127/2-3, Jhandewalan Road, Paharganj, New Delhi, on the averments that the said property was purchased by the father of the respondent some time in the year 1959 and after that he got his name mutated in the record of Municipal Corporation and let out the same to certain Satpal, proprietor/partner of property of Azad Hind Bag Factory. The petitioner-DDA started raising certain illegal and unauthorised demands by issuing notice under Section 7 of the Public premises (eviction of unauthorised occupants) Act 1971 (in short 'Act') which action of the DDA was illegal. The suit was defended by the petitioner-DDA inter-alia on the ground that the civil court has no jurisdiction as the subject matter of the suit was covered under the provision of Act more particularly under Section 10 and 15 of of the said Act and the respondent-plaintiff ought to have joined the proceedings before the Estate officer and in case any grievance was left, he could file the appeal under the provisions of the said Act.

(3.) . The learned trial court framed the following preliminary issue on the above aspect: "Whether the suit is barred under section 10 and 15 of Public Premises (Eviction of Unauthorised Occupants) Act 1971.