“12. That in the present case the suit has been filed by the plaintiffs against the defendants alleging that the defendants in unauthorized use and occupation of the portion of the property No.4295 Gali Barna, Basti Nand Ram, Sadar Bazar, Delhi-110006, and therefore the present suit filed for the recovery of the possession in Civil court, The case of the defendant is that there exists a relationship of landlord and tenants between the plaintiffs and the defendants as the premises was let out to the fore fathers of the defendants by the forefathers of the plaintiff about 80-90 years ago on a monthly rent of Rs 5/- which later on was increased from time to time, up to 80/- per month, so there is dispute between the parties as to whether the premises in dispute were let out or it was unauthorisedly occupied by the defendants. In view of these facts the Rent Controller have the exclusive jurisdiction to decide the status of the parties to the suit of relationship of landlord and tenant and not the Civil court. The suit of the plaintiff is, therefore liable to be dismissed on this ground along being barred under section 50 of the Delhi Rent Control Act. The rent receipts in the name of the grand father of the husband of the defendant No. 2 (i.e. father in law)”
