SUBHASH MEHTA Vs. S P CHOUDHARY

JUDGEMENT

(1.) For the view we take in this appeal by special leave and leaning as we would be on our discretionary power under Art. 136 of the Constitution, no elaborate details are necessary of the facts involved therein and for its disposal by a brief order.

(2.) The appellant, Subhash Mehta, more than two decades ago obtained a residential lease of the first floor in premises bearing, No. D-32, South Extension, Part II, New Delhi from Dr. S. P. Choudhary (now dead) the landlord who was himself residing on the ground floor thereof. The settled rent was Rs. 800/- per mensem. The landlord on November 27, 1972 served a notice on the tenant demanding arrears of rent from September 1,1972 onwards. The demand having not been met he instituted an eviction petition before the Rent Controller, Delhi on March 13, 1973 on grounds of non-payment of rent as also on other grounds. On June 1, 1973 the Rent Controller passed an order under S. 15(1) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the 'Act) directing the tenant to deposit arrears of rent within one month from the date of the order and further to pay month to month rent by the 15th of every calendar month. The appellant, within the period allowed, deposited Rs. 10,000 / - to cover arrears of rent as well as to cover future rent uptill September 15, 1913. Thereafter neither on October 15, 1973 nor on November 15, 1973, did the tenant deposit monthly rent as required by the aforesaid order of the Rent Controller. He was alleged to have defaulted on that count. Yet on December 1, 1973 he made a deposit of Rs. 2,800 / - partly covering the default of the previous period. The landlord took objection to the late deposit and after much debate the Rent Controller struck off the defence of the appellant. The Rent Appellate Tribunal, Delhi set aside the order of the Rent Controller striking out the defence of the tenant on appeal by the tenant and remitted the case back to the Rent Controller for further proceedings. Second appeal to the High Court of Delhi by the landlord was dismissed.

(3.) The Additional Rent Controller who became seisin of the matter on remand went into all the grounds as originally raised in the eviction petition; the other grounds, besides the tenant being in arrears of rent, being subletting, conversion of the user of premises from residential to commercial, the tenant having acquired vacant possession of a residential house in M-18, Green Park Extension, New Delhi and for bona fide requirement of the daughter of the landlord who being a student of M.B.B.S. was expected to set up medical practice. The Additional Rent Controller by his order dated December, 12, 1978, ordered eviction of the tenant on the sole ground of non-payment of future rent in terms of his. order passed under S. 15(1) of the Act, granting the tenant two months time to vacate the premises. The other grounds of eviction were rejected.