Eviction under rent control act section 14(1)(e) (civil law)
Mohan uncle ji
(Querist) 24 July 2012
This query is : Resolved
Respected sir(s)
I am an senior citizen , running a shop from last 35 years in city delhi and my Shop is an unauthorized construction on Goverment Land which in adjunct to a Plot which is register with DDA,now the owner of adjunct plot claiming as he was the owner of said unauthorized land and trying to prove me as teanant, but the fact is on this unauthorized plot 8 Shops are built and out of eight four shops are in possession of diffrent people but rest of four are in control of adjuct plot owner, for the same he has filed a case - Eviction Petition Under Section 14 (1)(a) of the Delhi Rent Control Act, 1958 and case was finalized with attached judgement in his favour under section 14 (1)(e) of the Delhi Rent Control Act, 1958. i am not satisfy this judgment and i want to file a appeal against this judgement please suggest it is possible and under which act.
Adv.R.P.Chugh
(Expert) 24 July 2012
In all probability the the landlord must have filed the eviction petition in summary form before the ARC. If that is the case then there is no appeal as such. But you can file a revision before the High Court or an appeal before Additional Rent Control Tribunal
Nadeem Qureshi
(Expert) 26 July 2012
Dear Querist
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.
Nadeem Qureshi
(Expert) 26 July 2012
Dear Querist
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.
