RAMESH AHUJA Vs. RAM NATH JAIN

JUDGEMENT

(1.) PRESENT civil revision petition has been filed by petitioners/tenants under Section 25b (8) of Delhi Rent Control act, 1958 seeking to set aside order dated 25th September, 2008 passed by Additional Rent Controller (in short ARC) in E No. 879/2007 whereby petitioners leave to defend application has been dismissed and an eviction order in favour of respondent/landlord has been passed.

(2.) LEARNED Counsel for petitioners contended that respondent/landlord is not the owner of premises in question and sale deed relied upon by respondent is a forged and fabricated document. He further stated that ARC had wrongly concluded that respondent was owner of property in question on the basis of a judgment rendered by a Judge of Small Causes court in Suit No. 810/1991. He submitted that said judgment cannot be relied upon to conclude the ownership issue as a court of Small Causes has limited jurisdiction. In this context learned Counsel for petitioners relied upon a judgment of honble Supreme Court in Sunder Dass Vs. Ram Prakash reported in AIR 1977 SC 1201 wherein it has been held as under:-

(3.) HE further submitted that ARC could not have relied upon the principle of res judicata as decision on question of jurisdiction was purely a question of law, unrelated to rights of parties to previous suit. In this context, he relied upon a judgment of Honble Supreme Court in Mathura Prasad sarjoo Jaiswal and Ors. Vs. Dossibai N. B. Jeejeebhoy reported in AIR 1971 SC 2355 wherein it has been held as under :-