AZIAN BI Vs. GANGA DHAR

JUDGEMENT

(1.) The only question referred for consideration to this Bench is whether an appeal lies to the Rent Control Tribunal under section 38 of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) against an order passed by the Controller under section 25 of the Act refusing to stay dispossession of a person claiming an independent title to the premises which are alleged to be in his possession.

(2.) The proceedings under the Act are governed by the Code of Civil Procedure as far as it is applicable in view of section 37(2) of the Act. An order of eviction passed under section 14 in favour of the landlord is executable against the tenant as a decree of a civil court under section 42 of the Act. Rule 23 made under the Act reiterates the provision of section 37(2). It would, therefore, appear that an application for the execution of order or eviction stands on the same footing as an application for execution of a decree in the civil court.

(3.) Section 25 which determines the scope of the operation of the order for eviction in the executing court is as follows :