MOBIN Vs. KAUSAR

JUDGEMENT

(1.) BY virtue of this Petition, the Petitioner seeks review of the order dated 05.11.2012 passed by this Court whereby the Petition under Article 227 of the Constitution challenging the order dated 31.10.2012 passed by the Rent Control Tribunal(the Lower Appellate Court) was dismissed.

(2.) THE Petitioner's grievance is that the Appellant never got an opportunity to prove that the Delhi Rent Control Act, 1958(the Act) has not been extended to the area where the suit property is situated and this Court erred in holding that the Petitioner had an opportunity to plead and prove this fact during the trial.

(3.) THE Petitioner filed a Civil suit for declaration with consequential relief of injunction against the Respondent stating that no Notification under Section 1(2) of the Act has been issued in respect of the area of Jafrabad and thus the decree passed by the Rent Controller was a nullity. The plaint in the Civil suit was rejected under Order VII Rule 11 CPC on the ground that the plea of non-applicability of the Act was not at all taken before the Court of Learned Additional Rent Controller. The Civil Court held that there was an appropriate remedy of challenging an order passed under Section 14(1)(e) of the Act which could be availed by the Petitioner.