MELA SINGH Vs. HIRA LAL KAPUR AND ORS.

JUDGEMENT

(1.) This is an appeal of Mela Singh, Defendant, directed against the appellate judgment of the Senior Subordinate Judge, Delhi, remanding the suit to the trial Judge for disposal on merits.

(2.) The suit is in respect of a small area of land measuring 9' Ã - 4 1/2' in house No. 8294, Park Area, Karol Bagh, New Delhi, and was brought by Shadi Lal Kapur, who now being dead is legally represented by his heirs, Respondents Nos. 2 to 7, and his brother Hira Lal Kapur, for ejectment and recovery of arrears of rent against Hari Ram, whose successor -in -interest Mela Singh is. It was objected in the first instance that the suit did not lie before a civil Court as it related to 'premises' and should have been brought before the Rent Controller. A preliminary issue framed with regard to the jurisdiction of the Court was decided by the Court of first instance in favour of the Defendant. In appeal, however, the learned Senior Subordinate Judge found the matter in favour of the Plaintiffs and the Defendant feeling aggrieved from this order has come to this Court in appeal.

(3.) The Defendant admittedly has been carrying on business of selling wares on a rehri in a small parcel of land which had been leased about 10 or 12 years ago. This land is part of the compound of a kothi which has not been leased to the Defendant. The rent note shows that the land was intended to be used for rehri and as would be manifest is an extremely small area. The question which falls for determination is whether the demised property falls within the definition of "premises" in Clause (i) of Sec. 2 of the Delhi Rent Control Act, 1958. "Premises" so defined under the clause means: