S.S.SANDHAWALIA, PREM CHAND JAIN, S.C.MITAL
Daya Chand Hardayal – Appellant
Versus
Bir Chand – Respondent
S.S.SANDHAWALIA, J.
1. Whether any and every order of the Rent Controller appointed under the Haryana Urban (Control of Rent and Eviction) Act, 1973, against which a party may claim to be aggrieved, would now become appealable under Sec.15(2) of the said Act by virtue of Notification No. S.O./71/HA-11/73/S.15/78. dated 8th May, 1978, is the somewhat significant question which falls for determination in this case by the Full Bench.
2. Though the question aforesaid is primarily legal, yet the facts highlighting the issue deserve a somewhat detailed notice. The respondent-landlord herein had preferred a petition for ejectment under Sec.13 of the Act against his tenant from a shop situated on Dev Samaj College Road, Ambala City on the ground of non-payment of rent from 1st of Sept., 1973, to the 31st of Jan., 1979 at a rate of Rs. 800 p.m. amounting to Rupees 52,000. In response thereto whilst contesting the same, the tenant admitted his liability to pay the arrears to the extent of Rs. 9,000 only at the rate of Rs. 250 p.m. The Rent Controller by his impugned order dt. 20th Mar., 1979, accepted the rate of rent claimed by the landlord at Rs. 800 p.m. and computing the same for
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