VINOD KUMAR CHOWDHRY versus NARAIN DEVI TANEJA

VINOD KUMAR CHOWDHRY versus NARAIN DEVI TANEJA

The only remedy available against an order of the Controller made under Section 25B—whether granting or refusing recovery of possession—is a revision to the High Court under the proviso to Section 25B(8) of the Delhi Rent Control Act. Appeals to the Tribunal and second appeals are expressly barred by the non-obstante provisions. The legislative intent of the summary procedure and the overall scheme of Chapter IIIA requires that such orders be challenged only by revision.

Parties
Appellant: V.N. D. Kumar Chowdhry; Respondent: Narain Devi Taneja
Jurisdiction
India
Judgment Date
11 January 1980
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Delhi High Court in Civil Revision No. 49/1979
Outcome
Appeal dismissed
Legal Topics
Eviction of Tenant, Delhi Rent Control Act, Appellate Remedies, Constitutional Validity
Rent Control Property Law Eviction of Tenant Delhi Rent Control Act Appellate Remedies Constitutional Validity

Case Brief

Summary, issues, holding and outcome

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Parties

V.N. D. Kumar Chowdhry

Appellant

Narain Devi Taneja

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Delhi High Court in Civil Revision No. 49/1979

Legal Issues

  1. 1 Whether the only remedy against the Rent Controller's order under Section 25B of the Delhi Rent Control Act is by way of revision to the High Court and not by appeal to the Tribunal.
  2. 2 Whether Section 25B(8) of the Act bars appeal and confines the remedy to revision alone, even if the Controller refused eviction.
  3. 3 Whether the order for recovery of possession needs to specify the mandatory waiting period under Section 14(7) of the Act.

Ratio Decidendi

The only remedy available against an order of the Controller made under Section 25B—whether granting or refusing recovery of possession—is a revision to the High Court under the proviso to Section 25B(8) of the Delhi Rent Control Act. Appeals to the Tribunal and second appeals are expressly barred by the non-obstante provisions. The legislative intent of the summary procedure and the overall scheme of Chapter IIIA requires that such orders be challenged only by revision.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed with no order as to costs.