Important Point – DRC Act only applies to constructed premises and not to any plot or land or plot of land with temporary structures.

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 the suit is barred under Section 50 of the DRC Act, read as under:-

“This Rent Deed is made at Delhi on this 8th day of May 1974 by between Vishal Timber Trades WZ-1, Ganesh Nagar, N.G. Road New Delhi through its partner Sh. Surinder Nath Gupta son of Sh. Ram Rattan Gupta R/o Dhangu Road, Pathankot hereinafter called the Tenant

IN FAVOUR OF

Sh. Parkash Chander Kaushak S/o Sh. Shiv Charan Kaushak of 2481 Malva Street, Paharganj, New Delhi now at 1 Ganesh Nagar, New Delhi owner of Plot No. WZ-1, Ganesh Nagar, New Delhi-18 hereinafter called the Landlord.

The expression of the tenant and landlord referred to above shall mean and include the tenants, landlord their legal executors, administrators, heirs, successors, respectively. Whereas the said landlord is the owner of a freehold plot of land bearing No. WZ-1, Measuring total area 824 sq. yard at Ganesh Nagar a freehold colony on main N.G. Road, New Delhi and on its eastern portion the said landlord himself carrying on his personal dealings. That towards West Side just on main side the said tenant has taken from the said landlord on payment of monthly rent an area the dimensions of which are as under:

In Front side : (Road side) 12; width and 90; length, at the back side the width is 10½ feet only this site is half covered and the remaining half uncovered. It is used as commercial premises and electrically fitted. It is bounded as under: East the Landlord’s remaining portion of the said plot occupied by his concern m/s Kaushak Sales Corporation West: Marodia Timber Traders: North: Landlord’s vacant land South Main N.G. Road. The said tenant has taken the said premises from the landlord or payment of monthly rent @ Rs. 525/- (Rs. Five hundred and twenty five only) commencing from 8.5.1974. The tenant has stated a Timber dealings in the said portion under the name and style VISHAL TIMBER TRADERS and the said tenanted portion is bounded as under: East: Remaining portion of the said plot: West the Marodia Timber Traders North: vacant land of Landlord. South N.G. Road. The terms and conditions of this rent deed agreed between the parties are as under:

1. The monthly agreed rent at Rs. 525/-. The tenancy commences from 8.5.74 from a specified period of 11 months. Each month rent payable in advance in the 1st week of each English Calendar month on the face of a proper receipt duly signed by the land lord or authorized agent without which no payment will be acknowledged.

2. The area in occupation of the tenant as mentioned above is 12 ft. width on road side and 10½ ft width on back side (north side) and the length on both side eastern and western side is 90 ft and half of the said portion is covered with the structure of the landlord.

3. The tenant has paid to the landlord a sum of Rs. 9,000/- in cash as well advance re