SOHAN PAL Vs. UMASHANKAR

JUDGEMENT

(1.) This second appeal is filed by the defendant/tenant impugning the judgment of the courts below; of the trial court dated 6.12.2012 and the first appellate court dated 8.8.2013; by which the suit of the respondent/plaintiff/landlord was decreed for possession and mesne profits with respect to the property No. RZ-E 28A& 28B, Gandhi Market, Shankar Shopping Centre, West Sagar Pur, New Delhi. Damages were also granted by the decree at Rs.4,500/- per month from 1.2.2009 till the date of recovery of possession.

(2.) The only issue which is called upon for decision of this Court is as to whether the suit premises are covered by the Delhi Rent Control Act, 1958, and if it is so then civil courts have no jurisdiction to try the suit by virtue of Section 50 of the said Act. At the time of admission of the appeal on 26.9.2013, the following substantial question of law was framed:-

(3.) It may be noted that Delhi Rent Control Act is made applicable to an area by issuing of a notification under Section 1 of the Delhi Rent Control Act. There are two requirements which on being satisfied results in application of the Delhi Rent Control Act to an area. Firstly the area must be urbanized by passing of a notification under Section 507 of the Delhi Municipal Corporation Act, 1957 and after the urbanization notification, one other specific notification has to be issued by the Government under Section 1(2) of the DRC Act to extend the applicability of this Act to the urbanized area.