HARJEET SINGH Vs. GIANS RAM SINGH

JUDGEMENT

(1.) This is a tenant's second appeal against the order dated September 24, 1970 of the Rent Control Tribunal, Delhi, accepting the respondent-landlord's appeal, setting aside the Additional Controller's order and directing his eviction from the premises in dispute under proviso (a) to sub-section 14 of the Delhi Rent Control Act, herein referred to as 'the Act', on the ground of non-payment of rent, inspite of notice of demand.

(2.) The appellant-tenant is in occupation of shop No. 3, in property No. 152, Sarai Jullena, Okhia Road, New Delhi, at a rent of Rs. 20.00 per month. A notice of demand dated June 22, 1968 terminating the contractual tenancy was sent by the respondent-landlord to him, which he refused to accept. Inspite of that he failed to pay the arrears of rent due from him with effect from January 1, 1967. The respondent, therefore, filed an eviction application against the appellant on November 27, 1968, which was contested. The non-payment of rent was not disputed. The receipt of notice was not admitted and the standard rent for the shop was said to be Rs. 15.00 per month only.

(3.) The Additional Controller, by order dated January 3, 1969 under . section 15(1) of the Act, directed the appellant to deposit arrears of rent at the rate of Rs. 20.00 per month with effect from January 1, 1967 up to date within one month of the order and future rent month by month by the 15th of the next following month. On February 3, 1969, thei tenant filed an application saying that he had been asked by the Municipal Corporation of Delhi not to pay rent to the landlord-respondent, as a sum of Rs. 1165.18 was said to be due to the Corporation from the respondent towards arrears of house-tax. A request for proper order was made. The Additional Controller on February 27, 1969 ordered the appellant tenant to deposit the arrears of rent in Court within two days.