BABA RAHIM ALI SHAH Vs. ATUL KUMAR GARG

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution of India, assails order dtd. 26/5/2022 passed by the learned Additional District Judge ( "the learned ADJ ") in CS 129/2022 whereby an application under Sec. 9 of the Code of Civil Procedure, 1908 (CPC) read with Ss. 50 and 44 of the Delhi Rent Control Act, 1958 ( "the DRC Act "), filed by the petitioners, as the defendants in the said suit, was dismissed by the learned ADJ. The contention of the petitioners was that, by operation of Sec. 9 of the CPC and Sec. 50 read with Sec. 44 of the DRC Act, the suit was maintainable only before the Rent Controller.

(2.) Needless to say, the merit of this submission would have to be examined on the basis of the case set out in the plaint of the respondents vis-a-vis the aforesaid statutory provisions.

(3.) The respondents claimed to be tenants of a shop situated at 1, Qutub Road, Sadar Bazar, Delhi (the suit property), of which Baba Barat Ali Shah was the landlord. Consequent to the demise of Baba Barat Ali Shah, Petitioner 1 claimed to have become the owner of the suit property. The ownership of Petitioner 1 was, however, disputed by the respondent in the suit.