KULWANT KAUR Vs. JIWAN SINGH

JUDGEMENT

(1.) -On the application of the landlord Jiwan Singh (Respondent No. 1) for the eviction of the alleged tenant Kulwant Kaur (appellant) under section 14 ( 1.) (a) of the Delhi Rent Control Act, 1958 (hereinafter called the Act) the Controller passed an order under section 15(1) asking the appellant to deposit rent and arrears thereof on what he called a "prima facie" view. The Controller did not decide finally either the objection to his jurisdiction raised by the tenant, namely, that the relationship between the parties was that of a mortgagee and mortgagor and not that of a landlord and tenant or the objection on merits, namely, that the notice to quit was not served on the tenant. The enquiry into both these objections is still pending with the Controller who has still to give his final findings on them. The appeal by the tenant against the order of the Controller passed under section 15(1) of the Act was dismissed by the Rent Control Tribunal firstly on the ground that the appeal was barred by limitation and secondly on the ground that even on merits the objections of the tenant were not prima facie maintainable.

(2.) In this second appeal by the tenant, the following questions arise for decision, namely :--

(3.) Both these questions have arisen often enough in this Court to justify a lull consideration.