BANT SINGH GILL versus SHANTI DEVI & ORS.

BANT SINGH GILL versus SHANTI DEVI & ORS.

The order rejecting the appellant's application for abatement was merely a finding on a preliminary issue and not a final order affecting rights or liabilities; as such, no appeal lies under section 34 of the Act of 1952. Remedy remains to appeal the decree if passed against the appellant.

Parties
Appellant: Bant Singh Gill; Respondents: Shanti Devi & Ors.
Jurisdiction
India
Judgment Date
01 March 1967
Procedural Posture
Civil Appeal / Appeal by Special Leave Under Article 136 of the Constitution From Judgment and Order of Punjab High Court Circuit Bench at Delhi in Civil Revision No. 319 D of 1965
Outcome
Appeal dismissed with costs.
Legal Topics
Appeals, Interlocutory Orders, Abatement of Suit, Rent Laws Transition
Rent Control Civil Procedure Appeals Interlocutory Orders Abatement of Suit Rent Laws Transition

Case Brief

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Parties

Bant Singh Gill

Appellant

Shanti Devi & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave Under Article 136 of the Constitution From Judgment and Order of Punjab High Court Circuit Bench at Delhi in Civil Revision No. 319 D of 1965

Legal Issues

  1. 1 Whether right of appeal is governed by the Delhi & Ajmer Rent Control Act, 1952 or Delhi Rent Control Act, 1958
  2. 2 Whether the order rejecting the application for abatement is appealable under section 34 of the 1952 Act

Ratio Decidendi

The order rejecting the appellant's application for abatement was merely a finding on a preliminary issue and not a final order affecting rights or liabilities; as such, no appeal lies under section 34 of the Act of 1952. Remedy remains to appeal the decree if passed against the appellant.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.