(1.) This is an appeal under Section 39 of the DelhiRent Control Act, 1958, (hereinafter referred to as "the Act") against theappellate order of the Rent Control Tribunal dated 12/02/1987whereby the Rent Control Tribunal has reversed the judgment and order ofthe Additional Rent Controller dated 2 2/05/1986 and has dismissed thepetition for eviction.
(2.) The facts giving rise to the present appeal are that the appellant/petitioner filed a petition in the Court of the Additional Rent Controller,Delhi under Section 14(l)(a) of the Act for ejectment of the respondent on theground of non-payment of rent. The Additional Rent Controller havingfound that the respondent has not paid the arrears of rent and further thathe has not complied with the order passed under Section 15(1) of the Act,ordered ejectment of the respondent from the premises in question.
(3.) Being aggrieved against this order, the respondent filed an appealbefore the Rent Control Tribunal, which was allowed by him and thereby thepetition for ejectment of the appellant/petitioner was dismissed.