KAMLADEVI Vs. VASDEV

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is against an order passed by the Delhi High Court on 5th September, 1989, declining to interfere with an order passed by the Rent Control Tribunal dated 30th May 1989.

(3.) The appellant, Smt. Kamla Devi, is the owner of Shop No.408, Pandit Lila Ram Market, Masjid Moth, New Delhi. The shop was let out to the respondent. The respondent defaulted in payment of rent. The appellant sent a demand notice on 18-5-1981 upon the respondent for recovery of arrears of rent. The respondent neither paid nor tendered the arrears of rent within the period of two months after the service of the demand notice. On or about 2-8-1982, the appellant filed an eviction petition under clause (a) of sub-section (1) of Section 14 of the Delhi Rent Control Act.1958. It was admitted in the written statement that rent was due from 1st January, 1980. On 27th January, 1984 the Additional Rent Controller, Delhi, passed an order to the following effect:-