MAJOR D N SOOD Vs. SHANTI DEVI

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel for the parties.

(3.) This appeal arises out of a petition filed by the respondent (landlord) for the eviction of the appellant (tenant) under the provisions of Section 14-D of the Delhi Rent Control Act, 1958 (hereinafter referred to as "the Act"). In the said proceedings the appellant has been granted leave to defend by the Additional Rent Controller, Delhi by order dated 22/9/1992. Peeling aggrieved by the said order passed by the Additional Rent Controller, the respondent filed a revision petition in the Delhi High court under Section 25 (B) (8 of the Act. The appellant raised an objection about the maintainability of the said revision petition and placed reliance on the earlier judgments of the High court holding that an order granting leave to defend is interlocutory in nature and a revision does not lie against the said order. By the impugned judgment the learned Single Judge of the High court has disagreed with the said view in the earlier judgments of the court and has held that a revision lies under Section 25 (B) (8 of the Act against an order granting leave to defend. The learned Judge has differed from the earlier judgments of the High court on the ground that at the time the said judgments were delivered, the provisions of S. 14-B, 14-C and 14-D were not there and they were introduced by the Amendment Act of 1988 and that in view of the changed scenario it must be held that a revision to the High court will lie against an order of the Rent Controller granting leave to defend.