V K VERMA Vs. RADHEY SHYAM

JUDGEMENT

(1.) In a suit for ejectment instituted on September 8, 1958 the plaintiff who is the respondent before us now made an application under S. 13(5) of the Delhi and Ajmer Rent Control Act. 1952 (Act No. XXXVIII of 1952). He prayed for an order to be made on defendant - tenant to deposit all the arrears of rent and future monthly rent in accordance with law by the 15th of the following month. The arrears of rent were claimed to be Rs. 722/7/- upto the 30th June 1960. The original rent was stated to be Rs. 64/8/- and with effect from August 1, 1959 the rent was claimed at Rs. 70.95 np.

(2.) This application was resisted by the tenant who in his reply dated August 1, 1960 stated that the rate of rent had continued to be at Rs. 64-8-0 and only Rs. 516/- was due at the rate of Rs. 64/8/- as arrears upto June 30, 1960. He added that he was prepared to deposit it.

(3.) The Subordinate Judge 1st Class, Delhi, passed orders on the application on August 1, 1960. The relevant portion of the order ran thus: