254 (2018) DELHI LAW TIMES 716
Judgment of DELHI HIGH COURT
Jayant Nath, J.
JIYA RANI @ JIYA JOSHI—Petitioner
versus
NARINDER KUMAR DHINGRA & ORS.—Respondents
C.R.P. 34/2016 & C.M. APPL. No. 7288 of 2016—Decided on 29.11.2018
Civil Procedure Code, 1908 — Order 7 Rule 11, Sections 11, 151 — Delhi Rent Control Act, 1958 — Section 15(1) — Rejection of plaint — Suit for declaration and permanent injunction — Suit abuse of process of Court — Obstruct execution petition — Landlord-tenant relationship — Findings of ARC and RCT binding — Res judicata — Orders of Rent Tribunal having exclusive jurisdiction are final and not liable to be questioned in collateral proceedings like separate suit or application in execution proceedings — Finding of Rent Controller holding relationship of landlord tenant exists between parties could not be challenged by respondent Nos. 1 to 7/plaintiffs in collateral proceedings, viz., present suit filed by plaintiff — Such a suit is barred — Findings of ARC upheld by RCT and this Court would bind respondent — Suit now filed by respondent seeking to raise same pleas, i.e. relationship of landlord and tenant would be barred — Having lost in 3 Courts including this Court in two rounds, plaintiff/respondent Nos. 1 to 7 have choosen to initiate fresh suit claiming there does not exist relationship of landlord and tenant between plaintiffs and petitioner/defendant — Fit case for trial Court to dismiss suit in exercise of inherent power under Section 151, CPC — Impugned order suffers from material illegality and irregularity and set aside.
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