VIJAY SINGH Vs. S K CHAUDHARY & ANR

JUDGEMENT

(1.) This is a petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 impugning the order of the Additional Rent Controller dated 19.1.2013 by which the Additional Rent Controller has granted leave to defend to the respondent no.2 in the eviction petition and who is the respondent no.2 in this petition also.

(2.) The impugned order holds that the petitioner has made out a case of bona fide necessity, but leave to defend was granted on the ground that the petitioner/landlord has sued two respondents as joint-tenants, but the respondent no.1 has denied the tenancy and it is only the respondent no.2 who is claiming the tenancy and which creates a bona fide disputed question of fact which requires trial.

(3.) At the outset, at the request made on behalf of the petitioner, this petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 is converted into a petition under Article 227 of the Constitution of India, inasmuch as it has been held by the Supreme Court in the case of Municipal Corporation of Delhi Vs. R.P.Khaitan & Anr., 1999 79 DLT 555 that the courts should not look at the heading of a petition, and only the substance is to be seen and once the necessary substance exists to the petition, courts can always convert the petition into a petition under the correct provision of law. Therefore, applying the ratio in the case of Municipal Corporation of Delhi , this petition is converted into a petition under Article 227 of the Constitution of India.