( 1 ) BY an order dated 17th December, 1970, the Rent Controller struck out the defence of the respondents under Section 15 (7) of the Delhi Rent Control Act, 1958, but stated that this would not affect the rights of the respondents to lead evidence on the question of title and on the question whether there was a relationship of landlord and tenant. On appeal, the Rent Control Tribunal reversed the order and now the appellants have come in appeal under Section 39 of the Delhi Rent Control Act to seek restoration of the order passed by the Controller. The facts on record show that the appellants had applied for ejectment of the respondents some time in August, 1963, and for various reasons, the matter is still pending before the Rent Controller. On 10th June, 1964 an order was passed under section 15 (1) of the Act directing the respondents to deposit the arrears of rent and monthly rent as required by that Section. This order left open the question whether the relationship of landlord and tenant actually existed and stated that the order was being passed without prejudice to the contentions of the respondents that they were not tenants of the appellants. The arre