MOHAN LALL AGGARWAL Vs. GIAN SINGH

JUDGEMENT

(1.) THIS order will dispose of Civil Revisions Nos. 461 -D and 462 -D of 1961. The point that requires determination in both these petitions is the same, it being whether a refund application by a tenant with regard to any excess payment made by him to the landlord is entertainable by the ordinary civil Courts or must be determined by the authorities constituted under the Rent Control Act.

(2.) THE contention of the tenant is that he paid certain amounts in excess of what was due from him to the landlord. The tenant is the same in both the cases, but the landlords are different. In C.R. 461 -D of 1961, the suit was for recovery of Rs. 135 paid in excess while in C.R. 462 -D of 1961, the suit was for recovery of Rs. 60 paid in excess. Objection was taken to the jurisdiction of the civil Courts, for the suits were filed before the Judge, Small Cause Courts, Delhi. The learned Judge came to the conclusion that the jurisdiction of the civil Courts is not ousted and in my view, he has grossly erred in this matter. He has totally ignored the provisions of Section 50 of the Delhi Rent Control Act, 1958. Sections 13 and 50 of the Act are in these terms: -