KRISHNA VANTI Vs. MODI OVERSEAS

JUDGEMENT

(1.) This application has been filed under Order 7 Rule 11 by the defendants, primarily on the ground that there is a bar in law to the entertaining of the present suit, in terms of Section 50 of the Delhi Rent Control Act which reads as under :

(2.) The contentions of the defendant/applicant in brief, is that two eviction petitions have been filed by the plaintiff under the ground for eviction contemplated by Section 14(1) (J) of the Delhi Rent Control Act, which reads as under :

(3.) These eviction petitions are stated to have been filed on the allegation of "substantial damage" to the premises, and since the rent of the suit premises is less than Rs.3,500/~ per month, it is submitted by the defendant that therefore to these premises only the said special enactment (viz DRC Act) will apply, and plaintiff is liable to be held to be confined to her remedies under the said Act only; and that as such she cannot take recourse to filing a civil suit involving a prayer for restoration of the premises back to the original condition, more particularly in view of Section 50 of the DRC Act which ousts the jurisdiction of the civil Court.