AI Structured Summary
Not yet generated for this judgment
Judgment
Rajiv Sahai Endlaw
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 Vs. State of Kerala and Another, to contend that the plea of jurisdiction can be taken in execution proceedings also. It is contended that the Addl. Rent Controller has refused to entertain such a plea and hence this writ petition there against is maintainable. Reliance in this regard is also placed on Harshad Chiman Lal Modi Vs. DLF Universal and Another,
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.
There is no merit in the petition.
Dismissed.
CM No.11408/2011 (for exemption).
Allowed, subject to just exceptions.