ATMA RAM Vs. SHAKUNTALA RANI

JUDGEMENT

(1.) This appeal by Special Leave impugns the judgment and order of the High Court of Delhi at New Delhi dated October 31, 2002 in CMM No. 800 of 2000. The High Court by its impugned judgment and order allowed the petition filed by the respondent/landlady and setting aside the judgment and orders of the Additional Rent Controller dated November 15, 1999 and the Rent Control Tribunal dated August 28, 2000 passed an order of eviction against the appellant herein. The High Court recorded a finding that the appellant/tenant had defaulted in payment of rent for the period February 1, 1992 to January 31, 1995. It may be noticed at the threshold that this is a case of second default, and the appellant having availed of the benefit under sub-section (1) of Section 14 of the Delhi Rent Control Act, 1951 (hereinafter referred to as the Act) is not entitled to such benefit in case of second default.

(2.) The facts are not in dispute. The appellant is a tenant of the respondent and the rent presently payable for the premises is Rs. 56/- per month. There is no dispute with regard to payment of rent till January, 1991. According to the appellant he sent a money order remitting the rent payable for the month of February, 1992 on February 7, 1992 but the respondent refused to accept the same. Thereafter, he sent a money order on March 29, 1993 tendering the rent for the period January 1, 1992 to April 30, 1993. The same was refused. The respondent claimed enhancement of rent by 10% i.e. from Rs. 50.75 per month to Rs. 56/- per month. The money order sent on August 10, 1994 tendering the rent for the period February 1, 1992 to August 30, 1993 was again refused by the respondent. The case of the appellant is that in these circumstances in the month of January, 1995 he deposited the rent for the period February, 1, 1992 to January 31, 1995 under the provisions of the Punjab Relief of Indebtedness Act, 1934, (hereinafter referred to as the Punjab Act). The respondent refused to receive the deposit made under the provisions of the said Act. Consequently, by order dated February 12, 1995 the petition under the Punjab Act was disposed of and the appellant was allowed to withdraw the amount deposited by him.

(3.) The respondent called upon the appellant to pay the arrears of rent by issuance of notice dated May 16, 1996. The appellant expressed his willingness to pay the arrears of rent but sent with his reply a cheque for a sum of Rs. 952/- only purporting to pay rent due for the period February, 1995 to June, 1996. Thereafter the appellant deposited rent for the period February, 1995 to July, 1996 under Section 27 of the Act. This was deposited on July 20, 1996 by cheque for the sum of Rs. 1008/-. It is not in dispute that the arrears of rent so tendered excluded the rent for the period February 1, 1992 to January 31, 1995, which the appellant had deposited under the Punjab Act to which we have referred earlier.