Drc act section 14 (1)(e)

deepak garg (Querist) 04 February 2013 This query is : Resolved
Dear sir
ld.judge had passed the order of eviction against tenant.
can he file the review petiton before ARCT or HIGH COURT OF DELHI.
OR in both the court.

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Adv.R.P.Chugh (Expert) 04 February 2013
Was it a Summary Case under Section 25B of the Delhi Rent Control Act, if yes then there is no review or appeal, only a revision to the High Court u/s 25B(8).

In case it was not a summary matter, then appeal lies against the order of eviction to the ARCT under the following provision :-

38. Appeal to the Tribunal. –

(1) An appeal shall lie from every order of the Controller made under this Act [only on questions of law] to the Rent Control Tribunal (hereinafter referred to as the Tribunal) consisting of one person only to be appointed by the Central Government by notification in the Official Gazette:

[Provided that no appeal shall lie from an order of the Controller made under section 21.]

(2) An appeal under sub-section (1) shall be preferred within thirty days from the date of the order made by the Controller:

Provided that the Tribunal may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(3) The Tribunal shall have all the power vested in a court under the Code of Civil Procedure, 1908 (5 of 1908), when hearing an appeal.

(4) Without prejudice to the provisions of sub-section (3), the Tribunal may, on an application made to it or otherwise, by order transfer any proceeding pending before any Controller or additional Controller to another Controller or additional Controller and the Controller or additional Controller to whom the proceeding is so transferred may, subject to any special directions in the order of transfer, dispose of the proceeding.

(5) A person shall not be qualified for appointment to the Tribunal, unless he is, or has been a district judge or has for at least ten years held a judicial office in India.

Good Luck !

Regards,

Bharat
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