TANJEET SINGH GHAI & ORS. Vs. LEELA AHUJA

JUDGEMENT

(1.) - Order impugned before this Court is the order dated 01.7.2014 passed by the Additional Rent Control Tribunal (ARCT) which was an appeal against the order passed by the Additional Rent Controller (ARC) dated 20.02.2013. The ARCT had set aside the order passed by the ARC. The possession of the suit premises which had been directed to be handed over to the tenant was set aside.

(2.) The petitioner/tenant is aggrieved by this finding.

(3.) The main contention raised by the learned counsel for the petitioner is that the ARCT could only adjudicate upon a question of law as is clear from the amendment made to the Rent Control Act. Under Sec. 38 of the said Act what has to be now examined by the RCT is only the question of law and not a finding of fact, however, wrong it may be, it can not call for an interference. The judgment is liable to be set aside on this count alone. For this proposition learned counsel for the petitioner has placed reliance upon judgments reported as 1968 (4) DLT 200 Prakash Chander Gupta Vs. Tara Chand Malik , 1981 (1) RCJ 7662 R.K. Luthra Vs. Lala Balkishan Dass Ram Kishore Gupta ; 1980(1) R.C.R.(Rent) 58 : 1980(2) RCJ 139 Smt. Kaila Devi Vs. Banarsi Das.