HARI MOHAN NEHRU Vs. RAMESHWAR DAYAL

JUDGEMENT

(1.) This is an appeal from the order of the rent control tribunal dated April 25, 1978.

(2.) The appellant is a tenant of the ground floor of house No. E-130, Greater Kailash No. 1, New Delhi on a monthly rent of Rs. 650.00 . He took the premises on July 1, 1971. The respondent is the landlord. On January 3, 1976, the landlord brought an application for ejectment of the tenant on three grounds. One was bona fide requirement. The second was nonpayment of rent. The third was non-residence of the tenant in the premises for more than one year. The Additional Controller, Smt. Manju Goel dismissed the application. On appeal the tribunal ordered ejectment of the tenant on all the three grounds.

(3.) I shall first take up the ground of non-payment of rent. On October 22, 1975, the landlord's counsel served a notice of demand on the tenant. In the notice the landlord said : "You arc very irregular in payment of rent and a sum of Rs. 12,350.00 are due from you on account of arrears of rent calculated upto October 31, 1975, after deducting the total amount paid by you uptil now since occupation of the tenancy premises by you." In the end he called upon the tenant to pay the aforesaid arrears of rent within two months of the receipt of the notice and to vacate the premises.