GLOBETECH ENGINEERS Vs. AJAY CHADHA

JUDGEMENT

(1.) The short point involved in this appeal is whether the Rent Controller can pass a composite order under Section 15(1) of the Delhi Rent Control Act (in short the Act) as well as eviction order under Section 14(i)(a) or the said Act.

(2.) Briefly stated the facts are that Ajay Chadha and others sought eviction of M/s Globetech Engineers, appellants herein on the ground of non-payment of rent. The appellants are in occupation of premises No. 208, Pragati House, 47-43, Nehru Place, New Delhi on a monthly rent of Rs.2,100/-. When despite service of notice the appellants did not pay the arrears of rent, petition for eviction was filed, appellants despite service did not put in appearance, therefore, proceeded ex-parte. Ex-parte order was passed under Section 15(1) of the Act on 15th September, 1984 with a direction to pay the entire arrears at the agreed rate of rent payable from 1st June, 1983 within one month from the date of the order, failing which it was further ordered that there will be deemed eviction of the appellant from the premises in question. Application filed by the appellant under Order 9 Rule 13, Code of Civil Procedure (in short Code of Civil Procedure, 1908 ) was dismissed.

(3.) It is against the order of dismissal that the present appeal was preferred, inter alia, on the ground that composite order is bad in law. Since there were conflicting decisions of our own High Court as well as other High Courts, therefore, one of us. (Usha Mehra, in order to get the matter resolved, referred this matter to be placed before a larger bench vide order dated 21st March, 1997. Now, the matter has come before this division bench.