BHAGWAN DASS YASH PAL Vs. WASU RAM

JUDGEMENT

(1.) The appellant has impugned the order dated 22nd May, 1982 passed by the learned Rent Control Tribunal (hereinafter referred to as the Tribunal) in RCA No. 783 of 1980. By the impugned order, the learned Tribunal came to the conclusion that in spite of having had the benefit of Section 14(2) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act), the appellant had committed default in payment of rent for three consecutive months and was liable to be evicted. An appeal has been preferred under Section 39 of the Act, as it then stood on the statute book.

(2.) The case of the appellant in brief is that he had initially committed a default in payment of rent and by an order dated 20th October, 1970 the learned Additional Rent Controller gave him the protection and benefit of Section 14(2) of the Act and as such no eviction order was passed on the ground of non-payment of rent.

(3.) Thereafter, the appellant again committed a default in payment of rent and when eviction proceedings were initiated against him, a compromise was reached between the parties. While recording the compromise, the operative portion of the order dated 2nd November, 1972 passed by the learned Rent Controller was as follows: