V D FUTNANI Vs. RAM LAL VIG

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India challenges the order passed by the learned Rent Control Tribunal, dismissing the petitioner's appeal against the order passed by the Additional Rent Controller dated 19.9.1994 under Section 15(1) of the Delhi Rent Control Act (hereinafter referred to as the 'Act').

(2.) By the order passed undersection 15(1) of the Act, the petitioner/tenanthad been directed to deposit the arrears of rent at the rate of Rs. 3,700.00 per month for the months of February and August, 1986; January 1987 and with effect from 1st July, 1994. The eviction petition in the instant case is dated 27.4.1987 and has been filed on 1.5.1987on the grounds specified under section 14 (1)(1)(b) and (j) of the Act.

(3.) Petitioner's main contention is that by virtue of the Amendment Act of 1988, which came into effect from 1.12.1988, the Rent Controller ceased to have the jurisdiction in respect of the tenancies with rentals of over Rs. 3,500.00 per month. Accordingly, it is contended that the impugned order of 15.9.1994 is without jurisdiction. Petitioner further submits that his applications under Sections 6 and 9 of the Act for fixation of the standard rent were pending, besides his application for stay of proceedings and, in these circumstances, the order under Section 15(1) of the Act, should not have been passed.