AIR 1987 DELHI 215 ::(1986) 30 DLT 470 ::(1986) 11 DRJ 251 ::(1986) 2 RentLR 376

Delhi High Court

Hon'ble Judge(s): Sunanda Bhandare , J

Delhi Rent Control Act (59 of 1958) , S.25, S.37, S.42— Application under - Maintainability - Decree for eviction against person ot6er than tenant - Restoration of possession - Application under S.25 by tenant claiming independent title is maintainable provided procedure under O.21, Rr.100, 101, C.P.C. is followed. Civil P.C. (5 of 1908) , O.21 R.100, O.21 R.101— Consequent to a decree for eviction passed against some other person where a tenant is evicted, he can file an application under S.25 of the Delhi Rent Control Act read with Ss.144 and 151, C.P.C. claiming that the decree for eviction was passed on the basis of fraud committed on the Court and that he is entitled to restoration of possession of the premises.(Para 10 11 13) In view of S.37(2) and S.42 of the Delhi Rent Control Act the analogy of O.21, R.99 @page-Del216 of the C.P.C., has to be applied to a proper construction of S.25. A person who claims to be the real tenant of the landlord as distinguished from the person against whom the orders for possession has been passed in favour of the landlord, claims a title which is "independent" within the meaning of the proviso to S.25 because the order is binding only on the person against whom it was passed on the assumption that such ....