This single-judge revision petition challenged the rejection of a plaint under Order VII Rule 11 CPC. The court held the suit was not barred and dismissed the revision in limine due to lack of merits. Rent control jurisdiction was noted.
The revision petition was dismissed in limine for being devoid of merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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property the respondents-plaintiffs did not get any right to file a civil suit for possession when it was their own case that the petitioner-defendant was their tenant and it is now well settled that even when a tenant disputes the title of a landlord and tenancy comes to an end by forfeiture even then for getting the property vacated the landlord is to approach the Rent Controller when the rent is less than Z 3 500 per month.
In my view, for rejecting a plaint under Order VII Rule 11 CPC only averments made in the plaint are to be considered and if that is done then it is clear that the suit cannot be said to be barred under Section 50 of the Delhi Rent Control Act since the respondents-plaintiffs are claiming relief of the possession based on the title which is being challenged by the petitioner-defendant. It would be during the trial for the trial Court to accept the case of the plaintiffs or the defendant 'regarding the title of the suit property and the petitioner-defendant would still be at liberty to show to the trial Court that the suit was barred under Section 50 of the Delhi Rent Control Act.
This revision petition being devoid of any merits is dismissed in limine.
AUGUST 10, 2011 pg
C.R.P.105/2011
Pa2c2of2
2 issues framed by the court
Whether a civil suit for possession is barred under Section 50 of the Delhi Rent Control Act when the plaint claims possession based on title which remains to be disputed during the trial.
Whether the Rent Controller is the proper forum to vacate the property via forfeiture even if the tenant disputes the landlord's title when rent is under Rs. 3500.
2 provisions across 2 enactments
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
