J B COMPANY Vs. CHANDER PARKASH

JUDGEMENT

(1.) The appellant herein is aggrieved by the grant of benefit under Section 14(2) of the Delhi Rent Control Act, 1958 (herein after referred to as the said Act) to the respondent-tenant in terms of the impugned judgment dated 30.03.1987. The tenants had also filed two appeals which have been dismissed by separate orders today in RCSA No 259 and 292/87. The grievance of the present appellant/landlord is only limited.

(2.) It may be noticed that orders were passed for deposit of rent by the Additional Rent Controller under Section 15(4) of the said Act during the pendency of the eviction proceedings as a dispute had been raised about the status of the landlord. The rent was so deposited but once the Additional Rent Controller dismissed the eviction petition, the rent was apparently not deposited.

(3.) In this behalf, it is pointed out that there was no stay of the order of the Additional Rent Controller nor were any orders passed by the Tribunal under Section 15(4) of the said Act. The principal grievance of the learned counsel for the appellant is that the application filed by the appellant under Section 15(7) of the said Act ought to have been decided by the Trial Court which was not so decided and the Rent Control Tribunal also brushed aside this aspect.