1966 (9) TMI 142

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....oller for eviction of the appellant on the ground that he bona fide required the premises for his occupation. The respondent resides at No. 17, Alipur Road, Delhi. The appellant filed an application before the Controller alleging that the accommodation in premises No. 17, Alipur Road consisted of more than three rooms and consequently, the respondent did not bona fide require the premises in dispute for his own occupation and praying for the issue of a commission to go to No. 17, Alipur Road and to prepare a plan of the premises. By his order dated May 29, 1965 the Controller rejected the application. He said "The petitioner came into the witness box and the respondent had full opportunity to cross- examine him regarding the extent of ....

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....ctice and procedure, he may pass other interlocutory orders. Section 38 gives a right of appeal to the Rent Control Tribunal from every order of the Controller made under the Act. The Tribunal has all the powers vested in a Court under the Code of Civil Procedure, 1908 when hearing an appeal. Under s. 39 an appeal lies to the High Court from an order of the Tribunal if the appeal involves some substantial questions of law. By s. 43, save as expressly provided in the Act, every order made by the Controller or an order passed on appeal under the Act is final and cannot be called in question in any original suit, application or execution proceeding. Section 38(1) reads: "An appeal shall lie from every order of the Controller made under t....

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....in the main proceeding. Subject to the aforesaid limitation, an appeal lies to the Rent Control Tribunal from every order passed by the Controller under the Act. Even an interlocutory order passed under s. 37(2) is an order passed under the Act and is subject to appeal under s. 38(1) provided it affects some right or liability of any party. Thus, an order of the Rent Controller refusing to set aside an ex parte order is subject to appeal to the Rent Control Tribunal. Similar considerations have induced the Courts to give a limited construction on the apparently wide words of other statutes conferring rights of appeal. Section 202 of the Indian Companies Act, 1913 confers a right of appeal "from any order or decision made or given in t....