The statutory bar under Section 25B(8) of the Delhi Rent Control Act applies to all orders related to eviction, including execution proceedings, affirming the need for expedited eviction processes.

JUDGMENT

MANOJ JAIN, J

1. The petitioners herein are tenants.

2. The short question posed in the present petition is whether the tenants ought to have filed a revision against order dated 10.03.2022 passed by the learned Addition Rent Controller or whether appeal filed by them under Section 38 of Delhi Rent Control Act, 1958 (hereinafter referred to as “DRC Act”) was maintainable.

3. Let us take a very quick glance over the factual matrix, germane for the present limited purpose.

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4. For the sake of convenience, I would be referring the petitioners herein as „tenants‟ and respondent as „landlord‟.

5. Landlord had filed a petition seeking eviction of their tenants from the tenanted premises on the ground of bonafide requirement. Such eviction petition filed under Section 14(1)(e) read with Section 25-B of DRC Act was instituted way back in the year 2012. The tenants sought leave to defend which was, initially, allowed by the learned Rent Controller. However, feeling aggrieved, the landlord knocked the doors of this Court and vide order dated 14.02.2017, passed by this Court in CM(M) 1007/2016, said order, granting leave to defend, was set aside and, resultantly, an eviction order was passed against the tenants.

6. There is no dispute that such order has already attained finality as the Special Leave Petition (SLP) filed by the tenants was dismissed by the Hon‟ble Supreme Court on 04.07.2017.

7. However, when an execution petition was instituted for getting back the possession of the tenanted premises, the tenants filed objection and their such objection petition has been dismissed by the learned Rent Controller vide order dated 10.03.2022. While dismissing the above said objection petition, the learned Additional Rent Controller also directed issuance of warrants of possession against the tenants with permission to break open the lock, doors and windows.

8. The tenants challenged the above said order dated 10.03.2022 by filing an appeal before learned Rent Control Tribunal under Section 38 of DRC Act.

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9. However, such appeal has been dismissed on the ground of maintainability as the learned Tribunal held that in view of the statutory bar contained under Section 25B(8) of DRC Act, such appeal could not have been filed.

10. Such order dated 01.07.2022 is under challenge.

11. I may reiterate that the question to be adjudicated is to assess the remedy available to any such tenant- whether an appeal under Section 38 of DRC Act would lie or whether, in view of bar provided under Section

25B(8) of DRC Act, only a revision is competent.

12. The merits or demerits of the objection filed by the tenants are not to be gone into, at the moment.

13. Admittedly, as per Section 14(1)(e) of DRC Act, any tenanted premises which are required bonafide by landlord for himself or for any member of his family dependent on him, eviction can be sought.

14. A summary procedure was introduced in DRC Act and by virtue of Act 18 of 1976, Chapter IIIA was inserted in DRC Act.

15. Such Chapter IIIA reads as under:-

“25A. Provisions of this Chapter to have overriding effect.—The provisions of this Chapter or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained elsewhere in this Act or in any other law for the time being in force.

25B. Special procedure for the disposal of applications for eviction on the ground of bona fide requirement.— (1) Every application by a landlord for the recovery of possession of any premises on the ground specified in clause (e) of the proviso to sub-section (1) of section 14, or Signature Not Verified Digitally Signed CM(M) 661/2022 Page 3 of 27 under section 14-A or under Section 14-B or under Section 14-C or under Section 14-D shall be dealt with in accordance with the procedure specified in this section.

(2) The Controller shall issue summons, in relation to every appl