MOHD.SHAMIM - (1.)This second appeal is directed against the judgment and order dated August 4.1982 passed by an Additional District Judge whereby the Judgment and decree passed by a Sub Judge were set aside and the suit for the plaintiff/respondent (hereinafter referred to as the respondent in order to facilitate the reference) for recovery of possession over property bearing No. 765-769. Katra Rishi Bhawan, Tilak Bazar. Delhi (hereinafter referred to as the disputed property) was decreed.
(2.)The matrix of the case of appellant is : that the appellant No. 1 is in occupation over the disputed property as a tenant thereof on a monthly rent of Rs. 18.55 paisa. The respondent herein filed a suit for recovery of possession over the said property. The said suit was dismissed vide Judgment and decree dated March 2.1981. The respondent thereafter preferred an appeal before the District Judge against the abovesaid judgment and decree. The said appeal was allowed by the impugned judgment and order dated August 4.1982 by the Additional District Judge.
(3.)The Civil Court has no jurisdiction to entertain the suit inasmuch as the appellant No. 1 is a tenant in the disputed property being the legal heir of Smt. Brij Rani Baijal, deceased tenant. Thus. the suit is barred by Section 50 of the Delhi Rent Control Act. Smt. Brij Rani Baijal was a tenant under the appellant She during her life-time executed a will in favour of the appellant whereby she appointed the appellant as her sole heir after her death. The appellant No.2 is the wife of the appellant No. 1. The appeallants are thus in occupation over the disputed property in their own right as tenants of the same. The appellant No. 1 being a legatee under the said will inherited the tenancy rights from the late Smt. Brij Rani Baijal.