DIA LAL Vs. KESAR DASS

JUDGEMENT

(1.) The petitioner landlord filed an application under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (for short, the Act) against the respondent-tenant seeking his ejectment from the house in question on the following grounds :

(2.) The tenant on the first date of hearing tendered the arrears of rent and thereby nullified the ground of arrears of rent. The other grounds pleaded by the landlord were not found established and thus his prayer of ejecting the respondent-tenant was dismissed. Against this order the tenant filed an appeal under Section 15(2) of the Act on the ground that the rate of rent settled between the parties was Rs. 15/- per month and not Rs. 30/- as claimed by the landlord. An objection was raised by the landlord before the Appellate Authority that the appeal before him was not competent as there was no order passed against the tenant-appellant of which he could be aggrieved of. This plea of the landlord was not accepted by the Appellate Authority for the reason that since on the issue with regard to the rate of rent the Rent Controller had recorded a finding that the rate of rent settled between the parties was Rs. 30/- per month and not Rs. 15/- as claimed by the tenant, the appeal before him was maintainable. He ultimately set aside the order of the Rent Controller and allowed the appeal. It is this order of the Appellate Authority which is now impugned in this revision petition Section under 15 (6) of the Act.

(3.) Mr. Ram Fong learned counsel for the petitioner reiterates the ground pleaded before the Appellate Authority and urges with some amount of vehemence that the appeal before the said authority was not maintainable as no order of ejectment had been passed against the respondent, According to the learned counsel, under section 13 (2) of the Act only that order that is, order of ejectment which could be passed but had not been so passed against the respondent could be challenged in appeal. He further points out that vide notification No. 1562-Cr.-43/9228 the Appellate Authorities have been conferred powers to hear appeals against orders passed by the Rent Controller under Sections 4, 10, 12 and 13 of the Act in short, the argument of the learned counsel is that the tenant-respondent could not prefer an appeal before the Appellate Authority against a finding on a particular issue when the final order was in his favour.