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Smt. Krishna Prakash & Anr. vs Dilip Harel Mitra Chenoy on 10 August, 2001

20. A plain reading of Section 50 of the DRCA in fact makes it evident that existence of a landlord-tenant relationship is a must to attract the jurisdiction of the Rent Controller in respect of the particular premises; jurisdiction of the Rent Controller being barred if it relates to the eviction of a tenant from the said premises; which again has to be determined from the averments made in the plaint and not on the defence as set up by the defendant. This has been held in AIR 2002 Delhi 81 Krishna Prakash and Another vs. Dilip Harel Mitra Chenoy. Plaintiff in this case has described the defendant as an unathorised occupant.
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