ABDUL SALAM Vs. HANS RAJ

JUDGEMENT

(1.) It is unfortunate that though the eviction petition of 1979 was allowed by the Rent Controller on 6-4-1981, the decree could not be executed for the last 14 years, because of the pendency of this reference.

(2.) This is a reference to a Full Bench made by a learned Single Judge of this Court on 4-12-1981.

(3.) The reference was made by the learned Single Judge for the purpose of deciding the correctness of the Division Bench ruling of the Court in Gurditta Mal vs. Bal Sarup 1980(IRCI 651(1) and whether another Single Judge of this Court, was right in dissenting from it in Gurditta Mal vs. Bal Sarup (1980) RLR 136) (2). The Single Judge's view was in consonance with another Division Bench decision in Jagdish Prasad vs. Phoolwati Dsvi (1980 RLR 367) (3). The question relates to the power of the Rent Controller to entertam an application for condonation of delay filed by the tenant along with the application for leave to defend. The referring order refers to the conflict in the reasoning of the learned Judges and requires the same to be resolved. That is how the matter has been referred to Full Bench. It appears that the matter was heard by a Full Bench in 1992. But for some reason, the reference could not be decided.