Section 38 of Delhi Rent Control Act, 1958 - Appeal to the Tribunal
Section 38 governs appeals from orders of the Controller under the Delhi Rent Control Act, 1958. After the 1988 amendment, an appeal under this provision lies to the Rent Control Tribunal only on a question of law.
What Section 38 provides
Sub-section (1): An appeal lies from an order of the Controller under the Act, only on questions of law, to the Rent Control Tribunal. The proviso states that no appeal lies from an order of the Controller made under Section 21.
Sub-section (2): The appeal must ordinarily be preferred within thirty days from the date of the Controller's order. The Tribunal may entertain a delayed appeal if sufficient cause prevented the appellant from filing it within time.
Sub-section (3): While hearing an appeal, the Tribunal has all powers vested in a court under the Code of Civil Procedure, 1908.
Sub-section (4): The Tribunal may transfer a proceeding pending before a Controller or Additional Controller to another Controller or Additional Controller, subject to any special directions contained in the transfer order.
Sub-section (5): A person is qualified for appointment to the Tribunal only if the person is or has been a District Judge, or has held judicial office in India for at least ten years.
Meaning of "only on questions of law"
The words "only on questions of law" were inserted in Section 38(1) by Act 57 of 1988 with effect from 1 December 1988. The amendment limits the appellate jurisdiction of the Rent Control Tribunal. The appeal should therefore identify a legal question arising from the Controller's order rather than merely seek a fresh appreciation of evidence or a different factual conclusion.
Limitation period for an appeal
Section 38(2) prescribes a period of thirty days from the date of the Controller's order. A delayed appeal is not automatically barred: the proviso authorises the Tribunal to entertain it when the appellant establishes sufficient cause for not filing within the prescribed period.
| Requirement | Section 38 position |
|---|---|
| Appellate forum | Rent Control Tribunal |
| Scope of appeal | Questions of law |
| Ordinary filing period | 30 days from the Controller's order |
| Delayed filing | May be entertained on sufficient cause |
| Section 21 order | No appeal under Section 38 |
| Procedural powers | Powers vested in a court under the Code of Civil Procedure, 1908 while hearing the appeal |
Tribunal's powers under Section 38
The Tribunal's authority is not limited to deciding the legal question in the appeal. Section 38(3) gives it the powers vested in a civil court under the Code of Civil Procedure, 1908 when hearing an appeal, while Section 38(4) separately empowers it to transfer proceedings between Controllers or Additional Controllers.
Related provisions
Section 38 should be read with Section 38A - Additional Rent Control Tribunals and Section 38B - Power of High Court to transfer appeals, etc. For the powers and procedure of the Controller, see Section 36 and Section 37.
Official legal resources
For the current statutory text, refer to the Delhi Rent Control Act, 1958 on India Code. Court judgments and case information may be checked through the Delhi High Court and Delhi District Courts / eCourts official portals.