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DELHI HIGH COURT
C.HARI SHANKAR
Baba Rahim Ali Shah – Appellant
Versus
Atul Kumar Garg – Respondent
1. This petition, under Article 227 of the Constitution of India, assails order dated 26th May, 2022 passed by the learned Additional District Judge ("the learned ADJ") in CS 129/2022 whereby an application under Section 9 of the Code of Civil Procedure, 1908 (CPC) read with Sections 50 and 44 of the Delhi Rent Control Act, 1958 ("the DRC Act"), filed by the petitioners, as the defendants in the said suit, was dismissed by the learned ADJ. The contention of the petitioners was that, by operation of Section 9 of the CPC and Section 50 read with Section 44 of the DRC Act, the suit was maintainable only before the Rent Controller.
2. Needless to say, the merit of this submission would have to be examined on the basis of the case set out in the plaint of the respondents vis-a-vis the aforesaid statutory provisions.
The plaint
3. The respondents claimed to be tenants of a shop situated at 1, Qutub Road, Sadar Bazar, Delhi (the suit property), of which Baba Barat Ali Shah was the landlord. Consequent to the demise of Baba Barat Ali Shah, Petitioner 1 claimed to have become the owner of the suit property. The ownership of Petitioner 1 was, however, disputed by the re
The main legal point established in the judgment is that the DRC Act did not empower the Rent Controller to grant the prayers in the suit, making the suit maintainable before the Civil Judge.
The mandatory nature of Section 14(2) of the DRC act and the landlord's remedy to file a civil suit for possession when the tenant denies the landlord-tenant relationship.
A tenant's right to seek repairs arises continuously under Section 44(3) of the Act, regardless of withdrawing a previous petition, which does not trigger res judicata.
The main legal point established in the judgment is that the filing of a petition itself can be considered as notice to the landlord, giving rise to a fresh cause of action, and the non-service of pr....
The denial of the relationship of landlord and tenant by the defendant and its claim of ownership in respect of the suit property did not bar the suit from being maintainable before the civil court.
Consistency in legal arguments is crucial; a tenant cannot change positions contrary to previous admissions in ongoing litigation regarding eviction rights under local law.
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