C.S.Rathour vs Prem Pal Jangara
2011 Latest Caselaw 3783 Del

$~63.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     W.P.(C) 5586/2011 & CM No.11407/2011 (for direction).

      C.S.RATHOUR                                               ..... Petitioner
                          Through:      Petitioner in person.

                                     versus
      PREM PAL JANGARA                    ..... Respondent
                   Through: None.
      CORAM:
      HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

                                 ORDER

% 05.08.2011

1. The challenge in this petition is to the proceedings for execution of an

order dated 23rd July, 2011 of eviction passed by the Addl. Rent Controller

(East), Delhi under the Delhi Rent Control Act, 1958. The petitioner

appearing in person admits that the order of eviction has attained finality. He

contends that since the jurisdiction of the Addl. Rent Controller could be

invoked only if the relationship of landlord and tenant existed and since

according to the petitioner the person who filed the eviction petition against

him is not the owner/landlord, the proceedings before the Addl. Rent

Controller are without jurisdiction. He refers to Hamza Haji v. State of

Kerala (2006) 7 SCC 416 to contend that the plea of jurisdiction can be

taken in execution proceedings also. It is contended that the Addl. Rent

1/-

Controller has refused to entertain such a plea and hence this writ petition

thereagainst is maintainable. Reliance in this regard is also placed on

Harshad Chiman Lal Modi v. DLF Universal Ltd. (2005) 7 SCC 791.

2. The question of the existence of relationship of landlord and tenant is

a mixed question of law and fact and the order of eviction against the

petitioner having attained finality, cannot now be urged.

3. There is no merit in the petition.

Dismissed.

CM No.11408/2011 (for exemption).

Allowed, subject to just exceptions.

RAJIV SAHAI ENDLAW,J

AUGUST 05, 2011 pp..

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