Narain Dass P. Godhwani vs Nenu Mal
2002 Latest Caselaw 2017 Del

ORDER

S.K. Mahajan, J.

Civil Misc. (M) No. 294/2002 & C.M. 579/2002 :

1. Against an order passed by the Additional Rent Controller, the petitioner had filed an appeal before the Rent Control Tribunal. Along with the appeal, the petitioner had also filed an application for stay of execution of the order of eviction. When the matter came up for hearing before the Court on 3.6.2002, the Tribunal passed an order staying dispossession of the petitioner subject to his filing an undertaking before the Additional Rent Controller that in the event of the petitioner's failing before the Rent Control Tribunal, he shall hand over vacant possession of the premises to the respondent within one month from the date of the order passed in appeal. This order has now been challenged by the petitioner by way of the present petition.

2. A perusal of the order shows that the Tribunal had satisfied itself that there were grounds for stay of dispossession of the petitioner in execution of the order of eviction, however, while passing the impugned order, the Tribunal has directed the petitioner to furnish an undertaking that he would hand over vacant possession of the premises within one month from the date of passing of the order. This order, in my opinion, cannot be sustained. In case a party is aggrieved of the order passed by the Tribunal, it has a right to challenge the same in the appropriate form as may be permissible in law and this right cannot be curtailed by directing such party to furnish an undertaking to vacate the premises. A party has a right to exhaust the remedies available in law by challenging the order of which he is aggrieved. The impugned order, in my opinion, therefore, debars the petitioner from availing such remedy available to him in law to challenge the Appellate Court order, if it is passed against him. In my view, the Tribunal has clearly exceeded its jurisdiction by passing the impugned order and the same is, accordingly, set aside. The petitioner will not be dispossessed from the premises in execution of the decree till the decision of the appeal by the Rent Control Tribunal. With these observations, the petition stands disposed of.