URMILA RANI Vs. SAVITRI DEVI

JUDGEMENT

(1.) This Second Appeal has been filed under section 39 of the Delhi Rent Control Act, 1958, against the order of Shri Mohan Lal Jain, Rent Control Tribunal, Delhi dated 29th September 1969, in Rent Control Appeal No. 814 of 1969, whereby the Tribunal dismissed the said appeal, and confirmed the order, dated 18th September 1969, of Shri R. K. Bahri, Additional Rent Controller, Delhi, by which the Additional Rent Controller directed the eviction of the appellant herein and directed the delivery of possession of the premises in dispute to the respondent landlady under clause (a) of the proviso to sub-section (1) of section 14 of the Delhi Rent Control Act on the ground of non-payment of arrears of rent.

(2.) The appellant, Smt. Urmila Rani, is the tenant of the respondent, Smt. Savitri Devi. The respondent filed suit No. 214 of 1969, in the Court of Shri P.K. Bahri, Additional Rent Controller, Delhi, seeking eviction of the appellant herein from the premises in question on the ground of non-payment of rent. The respondent alleged that the appellant neither paid nor tendered the arrears of rent from 1st August, 1968, at the rate of Rs. 400 per month, which was the agreed rate of rent, notwithstanding a registered notice of demand, dated 28th December, 1968. The appellant contested the case. In her written statement filed on 14th May, 1969 the appellant tenant admitted the non-payment of the rent, but denied that any notice was served on her demanding the arrears of rent prior to the filing of the suit. She admitted that the premises were let out to her on 20th June, 1967, but pleaded that the agreed rate of rent of Rs. 400 per month was excessive, and prayed that standard rent of the premises should be fixed.

(3.) The Additional Rent Controller passed an interim order on 22nd May, 1969, under section 15(l) of the Act in which he held that the landlady had produced a registered notice which bore a report of a postman showing that the same was refused by the tenant, and that prima facie he had no reason to doubt the correctness of the report and, therefore. he would hold that a proper notice was given to the appellant before the filing of the suit for eviction. After hearing the arguments advanced on behalf of the parties, he passed an interim order under section 15(l) read with section 15(3) of the Act requiring the appellant-tenant to deposit arrears of rent for the period from 1st August, 1968, up to the date of the order at the rate of Rs. 400 per month within one month from the date of the order. He further directed that the appellant-tenant should deposit future rent month by month at the said rate of rent on the 15th of every following month till the disposal of the suit for eviction. The amount which the appellant had to deposit under the said order was about Rs. 4,400. But, the appellant did not deposit the entire amount.