SITA RAM TALWAR Vs. JAI DEV SHARMA

JUDGEMENT

(1.) This judgment will dispose of S.A.O. No. 4 of 1971 and the reference made therein by my brother B. C. Misra, J. before whom the appeal came up for hearing on 30th March, 1971.

(2.) An application was filed by the respondent Shri Jai Dev Sharma under section 14 of the Delhi Rent Control Act, 1958 (hereinafter called "the Act") in paragraph 18 whereof he urged the following three grounds for seeking the eviction of the present appellants: -

(3.) The appellants relied on the decision by Deshpande, J. in Kishen Chand v. Ramesh Chander and others, 1969 Rent Control Journal 839C) and contended that an appeal did lie against an order allowing amendment of .the pleadings. The Rent Control Tribunal found that the judgment of Rangarajan, J. was subsequent to that made by Deshpande, J. and following the same it was held that no appeal was competent against the order made by the Additional Controller on the 28th of April, 1970. After analysing the case on merits the Rent Control Tribunal found no substance in the appeal and dismissed the same.