RAM PERKASH Vs. BHAGWANTI DEVI

JUDGEMENT

(1.) The dispute between parties was adjudged by judgement reported as 7972 Rajdhani L R. 137 Connected case which necessitated adjudication on interim matter consequent on death of husband of respondent is 1974 Rajdhani LR. (N). 110. In 1972 R.L.R. 137, it was ordered that order of A.R.C would be deemed as under S. 15 (4) instead of U/S 15(1) but by erroneous omission, tenant was not given any time to deposit the arrears He made the instant application for modification of the order. After narrating above facts in detail, the judgement para 4 onwards is : -

(2.) Against both these order of the Tribunal the appellant came up in appeal to this court which was decided by order dated October 11, 1972 which forms the subject matter of this application.

(3.) We held that the Controller had no jurisdiction to pass an order under Section 15(1) on the basis of prima facie evidence without deciding whether Bhagwanti Devi alone was the landlady of the appellant, but as sub-section (4) of Section 15 authorised the Controller to pass an order for deposit of rent payable by the tenant under Sub- Section (1) of Section 15 in a case where there was any dispute as to the person or persons to whom the rent was payable and as the tenancy qua the premises was admitted by the appellant the order requiring deposit of rent passed by the learned Additional Rent Controller would be considered under Section 15(4).