RAFI AHMAD KHAN Vs. JALALUDIN

JUDGEMENT

(1.) THIS review petition seeks a review of the judgment and decree dated 01.4.2011; submission is that in view of the notification dated 16.12.1954 it is clear that the suit property falls in village Jafrabad and the provisions of the Delhi Rent Control Act (hereinafter referred to as the DRCA) being applicable to the disputed property, the trial court having decreed the suit on 01.5.2010 while deciding Issue No.1 in favour of the plaintiff and holding that the DRCA is not applicable has committed a folly; this judgment of the trial court which has been endorsed by the first Appellate Court as also by the impugned judgment and decree dated 01.4.2011 is liable to be set aside.

(2.) REPLY filed has opposed this petition.

(3.) SUBMISSION of the petitioner that on one pretext or the other the execution proceedings are being sought to be thwarted and the plaintiff who had got his decree way back on 01.5.2010 is not able to enjoy the fruits of his decree is also a well founded submission. Review petition is wholly without merit; dismissed with cost of Rs.10,000/-.