NAEEM AHMED Vs. YASH PAL MALHOTRA

JUDGEMENT

(1.) The present Regular First Appeal laid challenge to the impugned order dated 28 th August, 2001, by which the preliminary issue was decided, by holding that the civil court has no jurisdiction, as the parties would be governed by the Delhi Rent Control Act, 1958, since the rate of rent is Rs.1,200/- per month i.e. below the cut off rate of rent of Rs.3,500/- per month.

(2.) The learned Single Judge has referred the present appeal to us for considering the validity of the ratio of the judgment in the case of S. Makhan Singh v. Smt. Amarjeet Bali, 2008 154 DLT 211and asking for its reconsideration, inasmuch as it ignores the decision given by a Constitution Bench of seven Judges of the Supreme Court in the case of V. Dhanapal Chettiar v. Yesodai Ammal, 1979 4 SCC 214.

(3.) Firstly, the brief facts are:-