(1.) Heard.
(2.) The petitioner has filed an eviction petition under the Delhi Rent Control Act (in short 'the Act') in the year 1999. During the pendency of the petition, the rent exceeded on account of voluntary increase from Rs. 2,398.00 to around Rs. 3,500.00. Thus, the premises have been taken out of the purview of the Act. Thereafter, the petitioner filed a civil suit for possession, damages and mesne profit.
(3.) In the year 1999 in the eviction petition an application was filed by the respondent alleging that the eviction petition be dismissed on the ground that as per the allegation of the petitioner in the civil suit, the eviction petition before the Rent Controller had been rendered infructuous.