M. Jagannadha Rao, J.

( 1 ) THIS is an appeal by the tenant (1st defendant) questioning the order of the learned Single Judge in IA 8220/90 in Suit No. 1288/89 dated 20. 11. 94 holding on Issue 2 that the above suit for eviction filed by the landlord (plaintiff) against the appellant and the sub- tenants (respondents 2 to 5) is maintainable in the Civil Court. The contention raised by the appellant is that the civil court has no jurisdiction and that the plaintiff has to go before the Rent Controller and that contention has been rejected by the learned Single Judge.

( 2 ) THE Delhi Rent Control Act, 1958, as amended by Act 57 of 1988 has, by introducing Section 3 (c) exempted w. e. f. 1. 12. 88 all premises whose rent exceeds Rs. 3500. 00 p. m. from the purview of the said Act. The appellant-tenant has been paying Rs. 900/. 00 p. m. to his landlord (1st respondent) under a registered deed dated 5. 1. 1978 but the appellant has admittedly subleased the premises to two tenants, to one at Rs. 40,000. 00 p. m. and to another at Rs. 4,500. 00 p. m. The tenant is contending that inasmuch as he is paying only Rs. 900. 00 p. m. to the plaintiff, the premises is governed by the Act. On the

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