PHALWANT SINGH Vs. JAI NARAIN

JUDGEMENT

(1.) The Respondent who is the landlord filed an eviction petition against the appellant who is the tenant before the Controller under Cl. (a) of the proviso to Sub-section (1) of S. 14 of the Delhi Rent Control Act, 1958 (hereinafter the Act). The petitioner lamented that the occupant was introduced into the premises as a licensee but later on he refused to vacate the premises and claimed that he was a tenant at Rs. 200.00 per month, since March 1, 1974. The respondent succumbed to this stand and filed a petition for eviction on the ground of non-payment of rent and an order under Sub-section (1) ofS. 15 of the Act was passed on March 7, 1977, directing the appellant to deposit arrears of rent within one month. The respondent complied, though he also filed an appeal which he lost on March 1, 1978.

(2.) The tenant defaulted again in the payment of rent since May 1, 1977. He only sent a letter on April 11, 1978 telling the landlord that he will be sending a crossed cheque of Rs. 2400.00 on April 20, 1978. It was not done. The landlord gave a notice of demand on May 17, 1978, which was received by the respondent on May 18, 1978. In this notice the landlord called upon the tenant to pay all rents remaining unpaid since May 1, 1977. He also pointed out that since he had defaulted in the payment of rent for three consecutive months at least from February 1, 1978, to April 30, 1978, he was now no more entitled to an order under S. 15 of the Act in view of the proviso to Sub-section (2) ofS. 14 thereof. Upon receipt of this notice, the tenant sent on May 23, 1978, a registered cover containing a Demand Draft on the Bank of India of Rs. 2,400.00 on the home address of the landlord. It was redirected to his office. Finally, the cover was received back on June 2, 1978, bearing aremark "out of station for unknown period, returned to sender, 31/5". On June 8, 1978, the advocate of the tenant wrote a letter to his counterpart that according to his client's information, the landlord was in Delhi and was attending his office but was upto some device. He requested him to advise his client to collect the pay order from his residence or if so desired, the pay order may be sent to his address. Thereafter, the tenant sent two more amounts as follows :

(3.) The landlord filed the present petition for eviction on July 20, 1978, on the ground that in spite of the said notice, the tenant failed to pay or tender the arrears within two months of the relief of the said notice and he was therefore, liable to eviction.