RAJINDER DHAWAN Vs. GOBIND PARSHAD JAGDISH PARSHAD

JUDGEMENT

(1.) The petitioner challenges the order dtd. 20/1/2023 passed in RCT No. 04/2022 whereby the first appeal of respondent no.1/landlord was allowed and the eviction petition under Sec. 14(1)(b) of Delhi Rent Control Act, 1958 (hereinafter as 'DRC Act') was allowed and a decree of eviction was passed against the petitioners.

(2.) Without going into the details of the facts, this Court has culled out the facts as noted in Eviction Petition No.111/2009 dtd. 11/2/2016, as follows:-

(3.) Mr. S.C. Singhal, learned counsel appearing for the petitioner/sub-tenants submits that the appeal filed by respondent no.1/landlord before the Rent Control Tribunal (hereinafter as 'RCT') was one under Sec. 38 of the DRC Act. Learned counsel submits that it is well settled law of the land that an appeal under Sec. 38 of the DRC Act is purely on questions of law that may arise between the parties and not an appeal which is entertained on the merits of the matter.