Jai Singh & Ors vs M.C.D. & Anr

2. Heard counsel. Leave granted.

The facts, as noticed by the High Court, are that the appellants are claiming themselves to be the landlords in respect of premises constructed on the plot of land No.2, Block B, transport area of Jhandewalan Estate, Desh Bandhu Gupta Road, Karol Bagh, New Delhi.

3. In the eviction petition, it was stated that the premises were let out to respondent No.2, Delhi Transport Corporation [for short "DTC"], on a monthly rental of Rs.3500/-. DTC has sublet/assigned the premises in favour of respondent No.1, Municipal Corporation of Delhi [for short "MCD"] and parted with 3 possession in favour of MCD without the written consent of the appellants. Therefore, both DTC and MCD were liable for eviction. The High Court has noticed the sequence of events since the transport services were being run by Gwalior Northern India Transport Company (for short "GNIT") to the time when DTC stepped into its shoes. The appellants claimed that the tenancy of the premises was with DTC. MCD had, however, claimed that the legal possession was retained by MCD; rent was being paid by MCD to DTC.

4. The ARC by an order dated 11th November, 1989, upon consideration of the rival contentions, held:

15. The appellants had filed a simple eviction petition before the ARC, under Section 14(1)(b) of Delhi Rent Control Act, 1958 (in short "DRC Act"). They had stated that DTC was their tenants in premises as the entire plot No.2 with the construction thereon at Jhandewalan 14 known as Karol Bagh Depot, as per plan attached. Monthly rent was stated to be Rs.3500/-. It was claimed that DTC has sublet the premises to MCD, without permission of the landlord. Therefore, both DTC and MCD were liable for eviction.

22. We are of the considered opinion that the High Court ought not to have exercised the extra ordinary jurisdiction under Article 227 of the Constitution in the peculiar circumstances of this case. We may briefly indicate the reasons for saying so:-

Thereafter MCD, moved CM 4639/2007 with the prayer that the appeal be treated as a petition under Article 227 of the Constitution of India as the appeal is not maintainable. The application was disposed off by the following order dated 30/3/2007:-

23. We are of the opinion that the High Court committed a patent error of jurisdiction in entertaining the writ petition under Article 227 of the Constitution which was unconscionably belated. Both reasons stated by the High Court in support of its conclusions, are contrary to the facts on the record.

In our opinion, the High Court committed a serious error of jurisdiction in entertaining the writ petition filed by MCD under Article 227 of the Constitution of India in the peculiar circumstances of this case. The decision to exercise jurisdiction had to be taken in accordance with the accepted norms of care, caution, circumspection. The issue herein only related to a tenancy and subletting. There was no lis relating to the ownership of the land on 34 which the superstructure or the demised premises had been constructed. The whole issue of ownership of plot of land No:2, Block-B, transport area of Jhandewalan Estate, Desh Bandhu Gupta Road, Karol Bagh, New Delhi is the subject matter of a civil suit being Suit No:

26. We are of the opinion the High Court traveled beyond the well defined contours of its jurisdiction under Article 227 of the Constitution of India.

27. We, therefore, allow this appeal and set aside the impugned judgment and order.

Civil Appeal No. 8234 of 2010 @ Special Leave Petition (C) No.1925 of 2008 :

September 23, 2010.