PT DHARA DUTT Vs. P N NAGPAL

JUDGEMENT

(1.) SAO 40/1997 is directed against the order of the Rent Control Tribunal, in RCA No.954/1995 dated 06.10.1997 whereby the learned Tribunal has allowed the appeal and set aside the order of the Rent Controller dated 20.10.1995 and directed the parties to appear before the Rent Controller and proceed in accordance with law.

(2.) Facts of the case are that the Landlord-respondent filed RCA 954/1995 under Section 38 of the Delhi Rent Control Act impugning the order dated 20.10.1995 passed by the Additional Rent Controller dismissing the Execution Petition seeking warrants of possession due to non-compliance of the judgment dated 26.04.1970. It was contended before the Tribunal that the aforesaid judgment was hypothetical and also that the requirement of notice had been met and that the tenant was well informed of the demand raised by the LandDO. It was also contended that the judgment dated 26.04.1970 stands fully complied with and that the impugned order of the DRC dated 20.10.1995 was bad.

(3.) The Tribunal while dealing with this case came to the conclusion in paragraph 5 to the following effect:-