BALBIR SINGH KOHLI Vs. SUMAN VERMA

JUDGEMENT

(1.) At the outset, it is required to be noted that Section 39 of the Delhi Rent Control Act, 1958 which provided for a second appeal, that too only on a substantial question of law, has been repealed by the Act 57 of 1988 w.e.f 01.12.1988. The object of the legislature in repealing Section 39 is that second appeal should not be filed and which could have been filed only on a substantial question of law.

(2.) A petition under Article 227 of the Constitution of India therefore cannot be filed as if a second appeal is being filed under the repealed provision of Section 39 of the Delhi Rent Control Act. With this limited introduction, let us see the facts of the present case.

(3.) The challenge by means of this petition under Article 227 of Constitution of India is to the impugned judgment of the Rent Control Tribunal dated 15.5.2014 by which the Tribunal has set aside the judgment of the Additional Rent Controller and remanded the matter back to the Additional Rent Controller for decision on merits. The Additional Rent Controller originally by the judgment dated 24.1.2013 had decreed the petition for subletting filed by the present petitioner under Section 14(1) (b) of the Delhi Rent Control Act.