JOGINDER SINGH Vs. NIRMAL NAINI MEHRA

JUDGEMENT

(1.) This second appeal raises an interesting question of law. The question is: Whether the order of eviction dated October 25, 1978 made by the Addl. Rent Controller under clause (j) of the proviso to sub-section (1) of Section 14 of the Delhi Rent Control Act, 1958 (for short 'the Act') but in violation of Section 14(10), was an order without jurisdiction and therefore a nullity and incapable of execution ?

(2.) Khem Raj Ahuja (since deceased) was a tenant in respect of a shop No. 10-B, Khan Market, New Delhi. Mrs. Nirmal Naini Mehra, the landlady, brought a petition for his eviction from the said shop on the allegations that the tenant had caused substantial damage to the shop by demolishing a wall. The Addl. Controller, holding that the tenant had caused substantial damage to the premises in dispute, made an order for recovery of possession of the shop in dispute in favour of the. landlady against the tenant on October 25 1978. He admittedly did not make any order as contemplated by Section 14(10) of the Act. No appeal was filed by the tenant against this order. It has, therefore become final.

(3.) During the eviction proceedings Joginder Singh (objector) made an application under rule 10 of Order 1, Code of Civil Procedure, for being added as a party-respondent on the ground that he was in possession of the premises in dispute as a lawful sub-tenant, but was unsuccessful upto the Supreme Court.