MANGAT RAM Vs. MUKAND LAL

JUDGEMENT

(1.) This appeal has been filed under section 39 of the Delhi Rent Control Act 59 of 1958 (hereinafter referred to as the Act and is directed against the judgment and order of the Rent Control Tribunal dated 13th November, 1967, by which the learned Tribunal dismissed the appeal in limine and maintained the order: of the Additional Rent Controller dated 19th September, 1967, thereby affirming the order of eviction of the appellant before me from the premises in dispute on the grounds mentioned in section 14 (1) (e) and (h) of the Act.

(2.) The principal contention raised by the learned counsel for the appellant before me is that the Rent Control Tribunal had no jurisdiction to dismiss the appeal in limine without sending for the records of the case and its order was manifestly illegal. The relevant provisions of law are contained in sections 36,37 and 38 of the Rent Act. Section 37 (2) prescribes the procedure to be followed by the Controller and lays down that subject to any rules made under the Act, the Controller shall as far as possible, follow the practice aprooedure of for a court of small causes, including the recording of evidence. Section 36 confers upon the Controller certain powers of a civil court as well as of a criminal Court prescribed in the statute. Rule 23 of the Rules framed under section 56 of the Act lays down that in deciding any question realating to the procedure, not specially provided by the Act and the rules, the Controller and the Rent Control Tribunal ahall, as far as possible, be guided by the provisions contained in the Kode of Civil Procedure, 1908.

(3.) So far as the provisions and procedure for appeals are concerned, the relevant section of the Act is section 38 which reads as follows: (1) An appeal shall lie from every order of Controller made under this Act to the Rent Control Tribunal (hereinafter referred to as the Tribunal) consisting of the person only to be appointed by the Central Government by notification in the Official Gazette. (2) An appeal under sub-section (1) shall be preferred within thirty days from the date of the order made by the Controller : Provided that the tribunal may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (3) The tribunal shall have all the powers vested in a court under the Code of Civil Procedure, 1908 (5 of 1908), when hearing an appeal."