$—25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 277/2010 DINESH CHANDRA GUPTA Decree Holder Through: Mr. Gyan Prakash, Advocate. versus NEERAJ KIRANA STORE & ORS Judgment Debtors Through: None. CORAM: HON'BLE MR. JUSTICE S. lUWINDRA BHAT ORDER % 07.09.2010 The petitioner seeks execution of the judgment of the Supreme Court, dated 16.4.2008 in Civil Appeal No.l 897/2003. The Court had in that judgment allowed the present decree holder's appeal directed against the judgment of this Court. This Court had rejected a Writ Petition, which had inter alia challenged the constitutional validity of Section 14 (1) (e) of the Delhi Rent Control Act, 1958. It is argued that the Court had in fact granted final relief, which would result in this Court having to execute the decree arising out of the writ and ensure that premises are handed over to the appellant/decree holder. In support of this contention, it is urged that there was specific prayer by which the decree holder had sought for vacant possession of the premises. A consideration of the judgment would reveal that there is no adjudication of the claim for possession on merits. Even otherwise, the Supreme Court could not have gone Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified into such a claim as in the first instance, the law, i.e. Section 14 (1) (e), had created a bar. The net result of the declaration of the Supreme Court - as the judgment is - was to read down the provision that had barred landlords from seeking eviction of tenants on the ground of bona fide need in respect of conmiercial premises. If the petitioner has a grievance that she is in a need of premises, the proper forum would be the Rent Controller, and the remedy is not execution proceedings. This conclusion is fortified by provisions of Section-50 of the Delhi Rent Control Act, 1958, which bars jurisdiction of the Civil Court. ^ Execution Petition No.277/2010 is accordingly dismissed as not maintainable. S. RAVINDl^ BHAT, J SEPTEMBER 07, 2010 /dh/