SANT RAM Vs. JANKI PARSHAD

JUDGEMENT

(1.) The appellant is a tenant in the suit premises being one room on the ground floor in House No. 685, Gali No. 3, Punjabi Basti, Military Road, Anand Parbat, Delhi.

(2.) Prior to the institution of the present proceedings, the appellant had defaulted in payment of rent to the respondent but since he complied with the interim orders passed under Section 15(1) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act), he was given the benefit granted by Section 14(2) of the Act, by an order dated 19th November, 1981.

(3.) As per the version of the respondent/landlord, it is alleged that the appellant did not thereafter deposit rent for the period from 1st November, 1981 upto 31st March, 1982. The respondent sent a notice of demand dated 12th April, 1982 stating therein that the appellant had defaulted in payment of rent for three consecutive months and was, therefore, called upon to make the payment mentioned in the notice of demand within a period of two months. The appellant did not respond to this notice. In terms of the proviso to Section 14(2) of the Act, the appellant was not entitled to the benefit of Section 14(2) of the Act for the second time and so was liable to be evicted under the provisions of Clause (a) of the proviso to Section 14(1) of the Act.