GURBUX RAI ARORA Vs. VIDYAWATI

JUDGEMENT

(1.) The respondent had filed an application for eviction of the appellant from premises No. 8-A/93, 2nd Floor, Western Extension Area- Karol Bagh, New Delhi. This application was filed on the grounds of non-payment of rent and bona fide personal necessity as contemplated by section 14(1) (a) and (e) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the said Act).

(2.) During the pendency of this petition the then Additional Rent Controller passed an order under section 15(1) of the Act. While passing the said order the Additional Rent Controller noted that the relationship of landlord and tenant and the agreed rate of rent was not in dispute. The tenant, the appellant herein, had, however, contended that the respondent had agreed to construct a kitchen and to give possession thereof but as the constructed kitchen had not been given to the appellant herein the land- lady was not entitled to any rent. The Rent Controller did not prima facie agree with this contention at that stage and pasted the order under section 15(1). By the said order the appellant was directed to deposit the arrears of rent at the agreed rate of Rs. 115 per month with effect from 28th May, 1969 and also the future rent.

(3.) The Rent Controller, however dismissed the application for eviction. At the time of the hearing it had been contended that the order under section 15(1) had been passed without jurisdiction. The Rent Controller, however, held that the said order under section 15(1) had become final and could not be questioned at that stage. The Rent Controller further held that the order under section 15(1) was not passed without jurisdiction. Nevertheless, the Rent Controller came to the conclusion that the petition could not be allowed as the said petition was only in respect of part of the premises which have been demised. Against the dismissal of the application for eviction an appeal was filed by the respondent herein. By order dated 12th May, 1978 the Rent Control Tribunal allowed the appeal and passed an order of eviction against the appellant herein on the ground of non-payment of rent.