SEWA INTERNATIONAL FASHIONS Vs. SUMAN KATHPALIA

JUDGEMENT

(1.) This revision petition is directed against the order dated 16.1.1999 passed by the Additional District Judge, Delhi in Suit No. 104/1998. The aforesaid suit was instituted by the respondents as Plaintiffs on 6.3.1988 seeking a decree of ejectment and for payment of damages/mesne profits against the petitioner.

(2.) The respondents/Plaintiffs stated in paragraph 4 of the plaint that the rent and the maintenance charges of the suit premises were increased from time to time and that finally with effect from October, 1977, aggregate monthly rent of the said premises became Rs. 3,684.00 made up of Rs. 3,146.00 and Rs. 538.00 being paid by the defendant towards the maintenance charges in respect of the said premises.

(3.) The Petitioner/defendant contested the suit on various ground including the ground that the suit is barred under the provisions of Section 50 of the Delhi Rent Control Act contending, inter alia, that the rent paid to the respondents/plaintiffs was inclusive of all taxes rates and charges, but, exclusive of maintenance charges and, therefore, the rent of the premises should be computed as Rs. 3,146.00 per month which was payable by the petitioner to the respondents and that so computed the Civil Court shall have no jurisdiction to entertain the said suit in view of the provisions of the Delhi Rent Control Act. In the light of the aforesaid pleadings of the parties, a preliminary issue was framed by the Additional District Judge as to whether the suit is barred by the provisions of Section 50 of the Delhi Rent Control Act. The Additional District Judge after hearing the parties by her order dated 16.1.1999 awarded the aforesaid preliminary issue No. 1 in favour of the respondents/plaintiffs and held that the suit is not barred under the provisions of Section 50 of the Delhi Rent Control Act. Being aggrieved by the aforesaid order of the Additional District Judge, the present revision petition has been preferred by the petitioner.