SHEEL KUMAR GOYAL Vs. SURENDER KUMAR SHARMA

JUDGEMENT

(1.) THIS Regular Second Appeal under Section 100 CPC has been filed by the appellant/plaintiff/landlord impugning the judgment of the first appellate court dated 16.08.2011 by which the first appellate court set aside the judgment of the trial court dated 12.10.2010. Trial court by the judgment dated 12.10.2010 had dismissed the suit for possession and recovery of rent filed by the appellant/plaintiff against the respondent/defendant on the ground that there was a landlord and tenant relationship which was governed under the Delhi Rent Control Act, 1958 and therefore the civil courts under Section 50 of the Act had no jurisdiction to direct eviction of a tenant, and which can only take place by initiating legal proceedings before the Rent Controller/Additional Rent Controller under the Delhi Rent Control Act, 1958 on the grounds if exist under Section 14(1) of the Act.

(2.) THE only issue to be decided by this Court is whether the first appellate court has rightly held that the suit property which is situated in Village Uldhanpur, is in an area to which Delhi Rent Control Act, 1958 applies/stands extended. Section 1 sub -section (2) of the Delhi Rent Control Act specifies the areas to which the Act extends. Firstly, the Act extends to those areas which fall within the limits of the Municipal Corporation of Delhi etc as were specified in the First Schedule at the time of passing of the Act in 1958, and thereafter the Act can be extended to those urban areas of the Municipal Corporation of Delhi when a notification is issued under the said Section 1(2) extending the application of the Delhi Rent Control Act, 1958 to that area. Section 1 (2) of the Delhi Rent Control Act, 1958 reads as under:

(3.) IN my opinion, the findings and conclusions of the First Appellate Court are unimpeachable because Village Uldhanpur is included in the Municipal Committee of Shahdara, and Municipal Committee of Shahdara is found in the Schedule of the Delhi Rent Control Act, 1958 for application of that Act to the Municipal Committee of Shahdara which includes Village Uldhanpur. I would also in this regard agree with the arguments urged on behalf of the respondent before me by referring to the 'Introduction' of the Delhi Municipal Corporation Act, 1957 and the definition of rural areas and urban areas as found in Section 2(52) and (61) of the Delhi Municipal Corporation Act, 1957 which says that to the rural areas governance before passing of the Delhi Municipal Corporation Act, 1957 was under the Punjab District Boards Act, 1953 and urban areas were those areas of Delhi which were not rural areas. Once as per the notification dated 08.12.1954 the area comprised in Village Uldhanpur is included in the Municipal Committee of Delhi -Shahdara, the same was urban area and for that reason it was included in the Schedule of Delhi Rent Control Act, 1958 for applicability of the Delhi Rent Control Act, 1958 to the areas comprising in Village Uldhanpur situated in the Municipal Committee Shahdara, Delhi.