VALMIKI J. MEHTA, J.

Review Petition No. 364/2016 in RFA No. 163/1986

1. This review petition is filed in the appeal under Section 96 Code of Civil Procedure, 1908 (CPC) filed against the impugned judgment of the trial court dated 30.11.1985 whereby the suit for possession filed by the appellant/plaintiff with respect to the suit property was dismissed by giving a finding with respect to additional issue no. 8 that the suit property was a constructed property and therefore was a premises and accordingly the suit for possession/eviction in a civil court would be barred under Section 50 of the Delhi Rent Control Act, 1958 (hereinafter referred to as the ‘DRC Act’) and that admittedly there existed a relationship of landlord and tenant between the parties.

2. The suit property is the property as described in the lease deed dated 8.5.1974 entered into between the parties. This lease deed is an admitted document and this lease deed has been exhibited as Ex.P-10. The first two pages of this lease deed, and which are relevant to determine the issue of whether what is let out is an unconstructed premises or a premises as per section 2(i) of the DRC Act and therefore as to whether th