Prithipal Singh vs Satpal Singh(D) Th.Lrs on 18 December, 2009
6. It is well settled law that chapter III A of DRC Act is a Code in itself
and the provisions of CPC are not applicable to it. The Hon'ble Supreme
Court held in Prithipal Singh Vs. Satpal Singh (Dead) through its LRs, I
(2010) SLT 116 that "Apart from that, as we have noted herein earlier,
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section 25B itself is a special code and therefore, Rent Controller, while
dealing with an application for eviction of a tenant on the ground of bona
fide requirement, has to follow strictly in compliance with section 25 B of
the Act. Therefore, after insertion of section 25 B of the Act, any
application for granting eviction for a special kind of landlord, shall be dealt
with strictly in compliance with section 25 B and question of relying on
Rule 23 of the Code, which also does not give full right to apply the
provisions of the Code, could be applied".