Delhi Rent Control Act, 1958
38. Appeal to the Tribunal. -
(1) An appeal shall lie from every order of the
Controller made under this Act [only on questions of law] to the Rent Control
Tribunal (hereinafter referred to as the Tribunal) consisting of one person only
to be appointed by the Central Government by notification in the Official
Gazette:
[Provided that no appeal shall lie from
an order of the Controller made under section 21.]
(2) An appeal under sub-section (1) shall be
preferred within thirty days from the date of the order made by the Controller:
Provided that the Tribunal may entertain the
appeal after the expiry of the said period of thirty days, if it is satisfied
that the appellant was prevented by sufficient cause from filing the appeal in
time.
(3) The Tribunal shall have all the power
vested in a court under the Code of Civil Procedure, 1908 (5 of 1908), when
hearing an appeal.
(4) Without prejudice to the provisions of
sub-section (3), the Tribunal may, on an application made to it or otherwise,
by order transfer any proceeding pending before any Controller or additional
Controller to another Controller or additional Controller and the Controller or
additional Controller to whom the proceeding is so transferred may, subject to
any special directions in the order of transfer, dispose of the proceeding.
(5) A person shall not be qualified for
appointment to the Tribunal, unless he is, or has been a district judge or has
for at least ten years held a judicial office in India .