LAWS(DLH)-2017-12-65

K.S. BHANDARI Vs. INTERNATIONAL SECURITY PRINTERS ...

Decided On December 22, 2017
K.S. Bhandari Appellant
V/S
International Security Printers ... Respondents

JUDGEMENT

(1.) The need, if any, for referring to the Division Bench of this Court the question of relationship and interplay between Section 14(1)(e) and Section 22 of the Delhi Rent Control Act, 1958 (for short the Act) and qua which a Coordinate Bench of this Court in Canara Bank v. T.T. Limited (2014) 214 DLT 526 has taken a view, is for adjudication.

(2.) The question first came up for consideration on 5 th July, 2017 when Rent Control Revision Petition Nos. 204 to 208 of 2017 came up for consideration. The said Rent Control Revision Petitions under Section 25B(8) of the Act were filed impugning the common order dated 29th November, 2016 of the Additional Rent Controller-02, Central District, Tis Hazari of dismissal of applications filed by the petitioners therein for leave to defend the five petitions for eviction under Section 14(1)(e) of the Act filed by the respondent Superior Exim Pvt. Ltd. therein with respect to five premises in the tenancy of the five petitioners under the said respondent. It was on that date enquired from the senior counsel for the respondent / landlord as to how the petition for eviction under Section 14(1)(e) of the Act, by a private limited company, was maintainable. The senior counsel for the respondent / landlord drew attention to Canara Bank (supra) and to Madan Mohan Lal Sri Ram Pvt. Ltd. vs. P. Tandon (1981) 2 DRJ 308. My recollection of the view earlier taken being to the contrary, the senior counsel for the respondent therein was requested to study the earlier judgments and to revert.

(3.) In the interregnum, several other Rent Control Revision Petitions against orders, mostly of eviction, in petitions for eviction filed by landlords, who in contradistinction to a natural person, were a juristic person and / or of dismissal of their petitions for eviction under Section 14(1)(e) of the Act came up before this Court and were also posted for hearing along with the petitions aforesaid in which the question had first been raised.