AMRIT LAL LAMBA Vs. SHRIMATI CHAMPA WATI

JUDGEMENT

(1.) This second appeal is filed against the judgment of the Rent Control Tribunal dismissing the appellant's appeal with costs against the judgment of the Additional Controller, Delhi whereby his eviction from the premises in dispute was ordered. An objection was raised by the learned counsel for the respondent that the appeal is to be dismissed. According to him the certified copy of the order of the Additional Controller was not filed along with the appeal and was filed in Court on Aug. 13, 1969 only. The appeal cannot be said to have been filed on the date on which it was filed. It can be taken to be filed on Aug. 13, 1969; when it was barred by time.

(2.) The order of the Tribunal was passed on Jan. 8, 1969. An application for the grant of the certified copy of the order was made on Jan. 13, 1969. The copy was ready on Feb. 18, 1969. The appeal was filed on April 14, 1969, when there was still time for filing it. But the memorandum of appeal although accompanied by a certified copy of the order of the Tribunal was not accompanied by the certified copy of the Additional Controller. An application for the grant of the certified copy of the order of the Additional Controller was made on Feb. 21, 1969. The said copy was ready on April 29, 1969; but its delivery was not taken till July 28, 1969. And still it was not filed in Court till Aug. 13, 1969.

(3.) The Delhi Rent Control Act, 1958, herein called the 'Act' (Section 39) under which the second appeal lies to this Court, prescribes no procedure for its filing. In such a case it is now well settled that, the appeal will be regulated by the practice and procedure, applicable to the filing and hearing of the appeals in this Court. (See South Asia Industries Private Ltd. Vs. Saruo Singh and others, AIR 1965 Supreme Court 1442). The practice and procedure of receiving second appeal in this Court is given in paragraph 2(b) of Part 4. of Chapter I of Vol. V of the Rules and Order of this Court. It is provided there as follows:-