( 1 ) THIS is second appeal under Section 39 of the Delhi Rent Control Act, 1958 (hereinafter called the Act ). The question for decision is whether the Controller has power to revive eviction proceedings, when the eviction order passed against the minors, without appointment of a proper person be a guardian under order 32 of the Code of Civil Procedure (hereinafter called the Code ), has been held to be a nullity by the Controller during execution proceedings.

( 2 ) THIS question has arisen in this case and the relevant facts are : Fateh Chand Wadhwa, predcessor-in-interest of respondents 1 to 4 filed and aplication for eviction from a portion of the property No. 5156, Ward XI, Faiz Ganj, opposite Pataudi House, Darya Ganj, Delhi, against respondents 5 to 10 and appellant No. 2 Rodrick Stephen, Veena, Anil and Vijay respondents 7 to 10 in this appeal were described as minors. The eviction was claimed under various clauses of the proviso to sub-section (1) of Section 14 of the Act. Harry Stephen, appellant No. 2, filed a written statement pleading, inter alia, that his real uncle Edwin Stephen, appellant No. 1, was the head of the family and was in occupation of