VALMIKI J. MEHTA, J.

CM No. 34266/2018 (Exemption)

Exemption allowed subject to just exceptions.

CM stands disposed of.

RFA No. 700/2018 & CM No. 34265/2018 (stay)

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff/landlord in the suit impugning the Judgment of the Trial Court dated 2.8.2018 by which the trial court has rejected the plaint under Order VII Rule 11 CPC and held that the civil court has no jurisdiction to entertain the suit for possession and mesne profits filed by the appellant/plaintiff. In essence the trial court has held two aspects against the appellant/plaintiff/landlord. Firstly it is held that the amount of house tax payable by a tenant will not become part of the rent, and once that is not part of the rent, the rent payable by the respondent/defendant/tenant cannot be said to have increased beyond Rs. 3,500/- per month for the suit/subject premises ceased to have protection under the Delhi Rent Control Act, 1958. Secondly, it was held by the trial court that when a legal notice is given under Section 6A of the Delhi Rent Control Act for increasing of the rent, the rent will be increased pros