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1978 Supreme(Del) 2

H.L.ANAND, V.S.DESHPANDE
KEHAR SINGH – Appellant
Versus
RAGHUNANDAN SARAN ASHOKSARAN – Respondent


Advocates Appeared:
P.S.MAHENDRA, R.P.Kathuria

H. L. ANAND

( 1 ) THIS judgment would dispose of S. A. O. No. 280 and S. A. O. 354 of 1972, both of which assail a common order of the Rent Control Tribunal setting aside the order of eviction made by the Controller and remanding the case back to the Controller for decision in accordance with law. The only question posed for decision is as to whether an order made by the Controller under Section 15 (1) of the Delhi Rent Control Act (for short, the Act), gets total immunity from legal challenge in case no appeal against it is filed.

( 2 ) THIS is how the question has arisen. In the course of proceedings for the eviction of the tenant on the ground of non-payment of rent in spite of service of notice of demand, the Controller made an order under Section 15 (1) of the Act in spite of a plea of the tenant denying the validity of the notice and disputing the quantum of liability. The tenant admittedly made default in compliance of the order in that the deposit was made after the expiry of the period within which the deposit was to be made in terms of the order. The plea of the tenant for condonation of delay was turned down and by the same order, the Controller directed the eviction of t














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