BADRI PERSHAD Vs. MEHAR CHAND

JUDGEMENT

(1.) This Second Appeal has been filed against the judgment and order of Shri Pritam Singh Pattar, Rent Control Tribunal Delhi, dated 3rd January, 1964, whereby the Tribunal allowed Rent Control Appeal No. 891 of 1963 and set aside an order of eviction passed by the Additional Rent Controller, Delhi, against the respondent herein.

(2.) The respondent herein, Mehar Chand, is a tenant of the appellant herein, Badri Pershad, in respect of a portion of a house bearing Municipal No. 3213 and situate in Subzi Mandi Delhi. The rent which the respondent was paying was Rs. 15/10/- per month. The respondent (tenants) did not pay rent for the period I st July; 1960, to 30th November, 1960, and the appellant (landlord) served a notice (Ex. A-2). dated 25th December, 1960 upon the respondent on 28th December, 1960, demanding the payment of a sum of Rs- 78/12/-, being the arrears of rent. The respondent did not pay the arrears within two months of the service of the notice of demand and the appellant filed an application for eviction of the respondent on 4th October, 1961, on the allegations (1) that the tenant did not pay the arrears of rent from 17-1960 In spite of notice of demand, and (2) that he (the appellant herein) bonafide required the premises for the residence of himself and the dependent members of his family. The respondent (tenant) admitted the tenancy and the rate of rent, but controverted the grounds of eviction The landlord gave up the ground of eviction based on his personal bonafide requirement as he had purchased the house in question within five years of the date of the application, and the application on the said ground was, therefore, premature.

(3.) On 17th November, 1961, the Additional Rent Controller passed an order under section 15 (1) of the Delhi Rent Control Act, 1958, directing the tenant to deposit the arrears of rent from Ist July 1960, up-to- date within one month and future tent at the same rate by the 15th of each following month. It is common ground that the tenant deposited on the following dates the amounts noted against each date: <FRM>JUDGEMENT_31_LAWS(DLH)12_1970_1.html</FRM>