LACHHMAN DASS Vs. SURAJ PRAKASH MAHAJAN

JUDGEMENT

(1.) This is an appeal under section 39 of the Delhi Rent Control Act, 1958 (hereinafter referred to as "the Act") filed by the appellants against the order of the Rent Control (hereinafter referred to as "the Tribunal", passed against the appellants, under clause (f) of the proviso to sub-sec, (1) of Section 14 of the Act.

(2.) The order for eviction was passed by the Tribunal on 11-9-79 reversing the order of the 6th Addl. Rent Controller dated 20-5-1977.

(3.) The second appeal came; up for consideration before Kirpal, J. and the learned Judge by order dated 20-8-1980 noticed the objection of the appellants that there is no finding recorded by the Tribunal "that the premises have become unsafe and unfit for human habitation", and called for the report of the Tribunal. The operative part of the order of Kirpal, J. reads as under : "The Rent Control Tribunal is accordingly 'directed to hear the parties afresh on the evidence on record and give a finding with regard to one of the ingredients contained in section 14(l)(f), namely, whether the premises in question have become unsafe or unfit for human habitation or not. The parties, of course, would be at liberty to move any application before the Tribunal for adducing any further evidence and any such application, if moved, will be decided by the Tribunal in accordance with law. The parties are directed to appear before the Tribunal on 3rd September, 1980. The Tribunal shall there upon fix date for the hearing of the case and would thereupon submit a report to this Court by 28th November, 1980. The objections, if any, to the report may be filed by any of the parties within two weeks thereafter."