CHAMPA DEVI Vs. SAT NARAIN

JUDGEMENT

(1.) It is only necessary to state the relevant facts for the purpose of deciding this appeal under Section 39 of the Delhi Rent Control Act, 1958. An application for fixation of standard rent was brought by the tenants against Shrimati Krishna Piari who was the landlady of the premises in question. During the pendency of the standard rent petition the landlady died and her legal representative was brought on record who is now the appellant before me. According to the legal representative the interests of Shrimati Krishna Piari came to an end with her death and, therefore, the standard rent petition could not continue. This led her to file an application before the Additional Rent Controller which was dismissed on 13th December, 1968. An appeal was taken before Shri Mohan Lal Jain, the then Rent Control Tribunal, who accepted the same on 29th May, 1969, and held that the application of the legal representative claiming that the proceedings for fixation of standard rent should be dropped had been wrongly rejected by the Additional Rent Controller and a direction was issued to the Controller to proceed to decide this application.

(2.) The matter again came before the Additional Rent Controller, who apparently took evidence on this question. but decided that he would dispose of the application concerning the dropping of the standard rent proceedings only at the end of the case. This order was passed on 27th January, 1970.

(3.) An appeal was taken against the said order to the Rent Control Tribunal which was rejected by an order dated 10th November, 1970. In this order it was held that the order deferring the decision of the application for dropping the standard rent proceedings was not appealable under Section 38 of the Act. It was also held that there was nothing in the order of Shri Mohan Lal Jain. Rent Control Tribunal showing that the question in issue should be tried as a preliminary issue and, therefore, even on merits the Additional Rent Controller was not wrong.