Mohan Lal Goela vs Siri Krishan on 8 August, 1977
93. It cannot be disputed that the Rent Controller has no jurisdiction to decide a claim for possession made on the ground that the defendant is in unlawful possession. The jurisdiction of the Controller is to order eviction if the landlord Is able to bring his case within one of the grounds specified in the proviso to S. 14(1) of the Act and is able to show that the ban on his right to evict the tenant should be lifted as the tenant has violated one or more of the statutory grounds enumerated in S. 14. P. N. Khanna, J. speaking for the Full Bench of five Judges in Kedar Nath's case said (at p. 180): "In case the 'Controller comes to the finding that the landlord has not been able to establish any of the grounds which are mentioned in cls. (a) to (1) of the proviso to S. 14(1) then he would have no power to pass an order for recovery of possession for the reason that the conditions on which the power to order recovery of possession rests, do not exist. The landlord may then file, if so advised, a regular suit for possession in the Civil Court, which would be on a different cause of action."