VED PRAKASH Vs. PREM RAJ

JUDGEMENT

(1.) This is an application for the exercise of power of this Court under Ss. 151 and 152 of the Code of Civil Procedure for amendment of an order of this Court dated 28th April, 1983 passed on an application for staying the execution of the decree. (CM No. 463/83) (By clerical mistake the order purpor to have been passed in DM No. 49/83. There was no CM No. 49/83. The number of RSA was 49/83 and the typist while typing gave wrong number of CM). The application for amendment has been filed in the following circumstances : The present Regular second appeal is directed against the judgment and decree dated 14th Feb., 1983 passed by learned Additional District Judge, Delhi decreeing the claim of the respondent-Prem Raj for a decree for possession of the property in dispute.

(2.) The respondent-Prem Raj had filed a suit in the Civil Court for recovery of rent for the period March, 1977 to Dec., 1977 at the rate of Rs. 80.00 per month and for recovery of arrears of rent from Jan., 1978 to August, 1978 at the contracted rate of Rs. 250.00 per month and also prayed for a decree for possession of the property in dispute which was claimed to be a vacant plot of land.

(3.) The trial Court after examining the evidence decreed the suit of the plaintiffrespondent vis-a-vis arrears of rent as stated earlier but dismissed the suit for possession of the property in dispute by holding that property in dispute was premises within the meaning of Delhi Rent Control Act and consequently Civil Court had no jurisdiction to entertain the suit for possession.