Prithvi Raj - (1.) This second appeal from order is directed against the order dated 7th June, 1968, passed by the Rent Control Tribunal whereby the Tribunal set aside the order of the Rent Controller. Delhi, dated the 10th November, 1967. and remaded the case to the Bent Controller for decision on merits.
(2.) . The only question for determination in this appeals as to whether it is open to the appellant to raise the question of lack of notice undersection 106 of Transfer of Property Act after a long lapse of 4 years after the parties had proceeded to trial and led evidence on merits of the case.
(3.) . With a view to appreciate the contentions raised by the learned counsel for the parties it would bs expedient to record a few facts of the case. The respondents who are the owners of the kothi in dispute situated in Khilonewala Bagh near Rana Partap Bagh, filed an application under section 22 of the Delhi Rent Control Act, 1958, (hereinafter referred to as 'the Act') for eviction of the appellant who is a tenant under the respondents in respect of the said premises on various grounds such as, that the appellant was given the premises for use as residence alone but he is also using it for commercial purposes; that he is running business in the said premises in the name and style of "Bishnoi Finance Private Ltd,", that he is using the front portion of the premises for keeping buffaloes and for sale of milk etc. and that the said uses are in contravention of the terms under which he was authorised to occupy the premises; that he has made unauthorised constructions and has put up a fence and also has constructed a buffaloe shed on the adjoining land not rented out to him and that he has occupied two out houses in an unauthorised manner.;