Vinod Vijay Khullar vs Edmc & Anr.

Sanjeev Sachdeva, J

Petitioner seeks a direction to the respondents to vacate Plot No. 47-48, DS Bholanath Nagar, Shahdara, Delhi and to pay arrears of rent with interest and to pay damages and mesne profits for use and occupation.

It is the case of the petitioner that respondent is a tenant in the subject land and is not vacating the same despite the fact that same is lying vacant and not being to put any use.

It is disputed by the respondents that subject land is not being used. It is stated that they are tenants in the property and the property is being utilized for a school.

Learned counsel for the respondent submits that though the status of the respondent is that of a tenant. It is not admitted that petitioner is the owner/landlord of the subject property as per their record, there are disputes with regard to the title of the property.

It is further contended that since the admitted position is that respondents are tenants in the property and further that the subject area is not an open piece of land but there is a structure built and the rate of rent is less than Rs. 3,500/-, respondents are protected tenants under the Delhi Rent Control Act, 1958 and the remedy of the petitioner is either to approach a Civil Court or the Rent Controller to seek eviction and not by way of a writ petition as disputed questions of facts are involved.

It is not in dispute that respondents are tenants in the subject property and there is allegedly a dispute of title and further also as to whether respondents are protected tenants or not.

In any event, since disputed question of facts are involved, a writ petition would not be maintainable.

The petition is accordingly dismissed as not maintainable.

This is without prejudice to the rights of the petitioner to avail of appropriate remedy before appropriate forum in accordance with law. All rights and contentions of the parties are reserved.