ARVIND BERRY Vs. A P S BINDRA

JUDGEMENT

(1.) This Second Appeal under Section 39 of the Delhi Rent Control Act, 1958 (for short 'the Act') by the tenant is directed against the judgment and order dated 23rd May, 1984 of the Rent Control Tribunal confirming the order dated 16th February, 1984 of the Additional Rent Controller. The question for decision is: Whether the order for eviction of the appellant dated 7th January, 1980 is a nullity and not executable ?

(2.) In June, 1970, the appellant was inducted as a tenant by the respondent on first floor of his property, C-35, Defence Colony, New Delhi on a monthly rent of PRs. 750.00 . The respondentn 24th October, 1977 filed an application for eviction of the appellant under Section 14( 1) (e) of the Act. The appellant contested the same. The landlord examined 7 witnesses including himself. The tenant examined himself as a witness. On 2nd January, 1980, the parties filed an application under Order 23 Rules I and 2 of the Code of Civil Procedure for the passing of an eviction order under Section 14(l)(e) of the Act in favour of the respondent and against the appellant. By this application, the appellant had undertaken to hand over vacant possession of the premises on or before 31st October, 1984. On 7th January, 1980, the statements of the tenant and the landlord in pursuance of the compromise application were recorded which are as follows :

(3.) The Rent Controller passed the following order on 7th January, 1980;