RAJ RANI Vs. PUSHPA DEVI

JUDGEMENT

(1.) CR.937/2003 is directed against the judgment dated 16.11.2002 of the Additional Rent Controller, Delhi in E-69/2002 whereby the learned Additional Rent Controller has dismissed the petition of the petitioner under Section 14(1)(e) of the Delhi Rent Control Act (hereinafter called the Act) on the ground that in a Suit filed by the petitioner against the present respondents eviction was sought on the ground that the present respondents are tress-passers in the property in question. The Controller has ruled that the landlord claiming the respondents to be in illegal occupation, in the Civil Suit, cannot maintain an eviction petition under the Delhi Rent Control Act.

(2.) Counsel for the petitioner submits that the Additional Rent Controller has gone wrong inasmuch as the Controller did not notice that the Suit of the petitioner was dismissed on the ground that the respondents herein are not tress-passers but were lawful tenants since their tenancy had not been correctly terminated.

(3.) On the other hand, it is contended by counsel for the respondents that it is not open for the landlord to blow hot and cold once having taken up a plea that the respondents are tress-passers, it would not lie, to maintain the petition under Section 14(1)(e) of the Act.