An appeal is the virtual re trial of the case wherein all the facts of the case are re examined afresh by a higher Court after the decision has been pronounced by the lower court on the said subject matter.
The right to file appeal is not a matter of right rather it is a statutory permissible remedy. This means if a person is dissatisfied by the order of a Court against him, then he can not file an appeal straightaway, there must exist a remedy/ provision to file appeal within the law enabling him to do so.
Provision for appeal under the Delhi Rent Control Act, 1958 is vested in Section 38 of the Act
- Under the act, an appeal can be filed under Section 38 against an order passed by the Rent Controller.
- Such an appeal must be filed within 30 days from the date of the order made by the Controller
- Provided that no appeal shall lie from an order of the Controller made under section 21.
- While hearing the appeal the Tribunal shall have all the power vested in a court under the Code of Civil Procedure, 1908.
- During hearing an appeal the Tribunal may, on an application made to it or otherwise, by order transfer any proceeding from or to any rent controller to any other rent controller and pass an order in writing to such effect.
Appeal against the decision of the Rent Control Tribunal
- Under Section 39 of the Act an appeal against the decision of the tribunal lies with the High Court.
- Such an appeal must be filed within 60 days from the date of the order made by the rent control tribunal.
- The appeal can be entertained only if there is a substantial question of law involved.
Judicial Decision on substantial question of law under Delhi Rent Control Act
- Calculation of rent and interest thereon which does not give rise to any substantial question of law as held by Delhi High Court in Amrik Singh vs Rajpal Kaur & Ors[1]
- Non-payment of rent; subletting and bona fide requirement by the landlord for the purpose of rebuilding and making substantial additions and alterations are all substantial questions of law as held by Delhi High Court in Atma Ram Trust vs Dr. Chiranji Lal And Anr.[2]
A substantial question of law is the one which affects the rights of te general public as whole or the rights of parties under litigation.
Documents required in filing appeal under Delhi Rent Control Act
- Signed appeal memo drafted by the advocate
- Original order that is to challenged by appeal
- Accompanying affidavit stating that the appeal has been filed in limitation
- Application for stay on the operation of the order against which appeal is filed along with affidavit
- Copy of petition/ reply filed before the rent controller
- Copy of affidavit pertaining to leave to defend.
- Appropriate Court fee
- All relevant documents
[1] Decision of Deli High Court dated 02.02.2017 passed by bench comprising of HON’BLE MS. JUSTICE PRATIBHA RANI
[2] Decision of Deli High Court dated 17.01.2007 passed by Hon’ble Mr. Justice S.K. Kaul
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