DAULAT RAM Vs. SOM NATH

JUDGEMENT

(1.) This is tenants' appeal under section 39 of the Delhi Rent Control Act, 1958 (hereinafter called 'the Act') challenging the orders of the Additional Controller and the Rent Control Tribunal passed under section 15(1) of the Act. The Additional Controller by order dated 27th March, 1974 directed the appellants to pay or deposit within one month arrears of rent at Rs. 35.00 p.m. with effect from 6th February, 1965, and continue to pay or deposit future monthly rent at the said rate by the 15th of each succeeding month. The Tribunal by order dated 21st October, 1975 confirmed the said order.

(2.) The relevant facts to appreciate the arguments of the parties are: The respondents purchased the property bearing No, 5414 on Plot No. 61, G. B. Road, Delhi on 6th Februaiy, 1965. The appellants who were in possession of one door shop in the said property, by operation of law, became tenants under the respondents with effect from 6th February, 1965. On 25th April, 1971 the respondents sent a notice of demand to the appellants requiring them to pay arrears of rent at Rs. 35.00 per month with effect from 6th February, 1965. The appellants sent a reply dated 8th May, 1971 informing that the respondents may receive arrears of rent from any of the six persons mentioned therein. They were further informed that the rent could be paid in cash against receipt or by draft or cheque good for payment. It is further alleged that the appellants remitted Rs. l,260.00 on account of rent for three years by two money orders dated 21st May, 1971 which were refused by the respondents. The appellants therefore onth June, 1971, it appears, deposited Rs. l,295.00 in the court of the Additional Controller. The respondents on 12th July, 1971 filed the present eviction application on various grounds including the ground of non-payment of rent covered by clause (a) of the proviso to sub-section (1) of Section 14 of the Act. The Additional Controller, as already stated, directed the appellants under Section 15(1) of the Act to deposit arrears of rent with effect from 6th February, 1965 and future monthly rent at Rs. 35.00 per month. The appeal filed by the appellants was dismissed by the Tribunal. Hence this Second Appeal.

(3.) Learned Counsel for the appellants contends that the order under Section 15(1) of the Act directing the appellants to deposit arrears of rent is illegal and is not in accordance with law. The rent from 6th February, 1965 was not legally recoverable on the date when the notice of demand dated 25th April, 1971 was issued. His contention is that on the date of notice rent for the period exceeding three years was barred by time, it was not legally recoverable and therefore the appellants were not under any duty to pay or tender the time-barred rent demanded in the notice. His further contention is that the notice demanding arrears of rent in this case for more than three years must mean only notice demanding arrears of rent for three years i.e. rent legally recoverable. In other words, if a landlord demands amount more than legally recoverable amount of rent the demand must be restricted to the extent of legally recoverable amount. He therefore contends that the demand of rent for more than three years was illegal and that the tenant was not required to pay anything more than three years' rent.