JP JAIN Vs. RAMESH CHAND AGGARWAL

JUDGEMENT

(1.) ORDER impugned is dated 01.12.2011 vide which the Rent Control Tribunal (RCT) had reversed the finding of the Additional Rent Controller (ARC) and had held that the rate of rent qua the disputed premises is Rs.374/- per month; the ARC had drawn a conclusion that the rate of rent is Rs.250/- per month.

(2.) AT the outset, learned counsel for the petitioner submits that the RCT could not have gone into a fact finding as an appeal under Section 38 of the Delhi Rent Control Act (DRCA) lies only on a substantial question of law; contention of the non-applicant/respondent is that the RCT can well examine the evidence if the conclusion drawn by the ARC is a perverse conclusion.

(3.) A perversity has been noted in the finding returned by the RCT.