RAJ KRISHAN JAIN Vs. HOSHIAR SINGH

JUDGEMENT

(1.) The premises belong- ing to the appellant-landlord were originally let out to the respondent- tenant at Rs 9450 per month The tenant was in arrears of rent and the landlord gave the first notice of demand under proviso (a) to subsection (1) of Section 14 of the Delhi Rent Control Act 1958 and then filed a petition for eviction of the tenanc on the ground that the arrears were not paid by the tenant within two months after the notice of demand. After the petition was filed, the Rent Controller made an order under Section 15(1) of the said Act The tenant paid the arrears and, therefore, this first petition filed by the landlord for the eviction of the tenant was dismissed.

(2.) . Subsequently a portion of the premises was demolished and, therefore, for two months, the tenant paid the rent of Rs. 84-50 per month oniy to the landlord. The reconstruction of the demolished portion enlarged the built up area of the premises and the tenant again started paying rent of Rs. 94-50 per month to the landlord. The tenant was again in arrears and, therefore, the landlord gave the following notice (Exhibit A.W.5/6) on 9th October, 1964 :-

(3.) . Among the grounds on which the tenant resisted the eviction petition, the following alone are now relevant inasmuch as the learned counsel for the appellant does not press for the eviction of the tenant on the ground that the landlord wants the premises bona fide for reconstruction :-