Siddharth Mridul, J.

1. The present Regular First Appeal laid challenge to the impugned order dated 28th August, 2001, by which the preliminary issue was decided, by holding that the civil court has no jurisdiction, as the parties would be governed by the Delhi Rent Control Act, 1958, since the rate of rent is Rs. 1,200/- per month i.e. below the cut off rate of rent of Rs. 3,500/- per month.

2. The learned Single Judge has referred the present appeal to us for considering the validity of the ratio of the judgment in the case of S. Makhan Singh v. Smt. Amarjeet Bali, 154 (2008) DLT 211 and asking for its reconsideration, inasmuch as it ignores the decision given by a Constitution Bench of seven Judges of the Supreme Court in the case of V. Dhanapal Chettiar v. Yesodai Ammal, (1979) 4 SCC 214.

3. Firstly, the brief facts are:-

(a) The appellant is the landlord of the Property No. 5009, Rui Mandi, Sadar Bazar, Delhi-110006 by virtue of agreement of sale dated 24th September, 1994 entered into between the plaintiff and respondent No. 2.

(b) The appellant claims to have let out a portion of the said property on or about the 1st July, 1994 to the respondent No. 1 at a monthly rent