ANUJ KAICKER Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The present application has been filed on behalf of the applicant/defendant under provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC), seeking rejection of plaint on the ground that the jurisdiction of this Court is barred under Sec. 50 of the Delhi Rent Control Act, 1958 (DRCA) read with Sec. 11 of the Commercial Courts Act, 2015.

(2.) Brief facts necessary for deciding the present application are as follows:

(3.) Counsel for the plaintiffs submits that the present application has been filed only to get over failure of the defendant to file the written statement in a timely manner. Reliance is placed on the judgment of the Division Bench of this Court in Naeem Ahmed Vs. Yash Pal Malhotra (deceased) Through Lr's & Anr., (2012) 188 DLT 579, to contend that, where the tenant has denied existence of the relationship of landlord and tenant, the remedy with the landlord would be to file a civil suit for recovery of possession of the property.