MAHENDER SINGH JAIN Vs. GANGA PARSHAD

JUDGEMENT

(1.) This second appeal under section 39 of the Delhi Rent Controller Act, 1958 (hereinafter called "the Act") by the tenant is directed against the order dated 12th March, 1981 of the Rent Control Tribunal confirming the order of the Additional Rent Controller dated 12th February, 1981 directing the appellant to pay or deposit arrears of rent from 1st September, 1979 at Rs. 100.00 per month within one month and to conti- nue to pay or deposit future monthly rent by the 15th of each succeeding month.

(2.) Briefly the facts are that the respondent-landlord on 21st February, 1978 filed an application for eviction of the appellant under Section 14(1 )(e) read with Section 25B of the Act. The tenant filed an application for leave to defend which was dismissed by the Controller and an order of eviction was passed on 28th November, 1978. He filed Civil Revision No. 216 of 1979. His dispossession was stayed on deposit of arrears of rent. He deposited Rs. 1150.00 in the office of the Additional Rent Controller as rent for the period ending 31st August, 1979 at Rs. 50.00 per month. By order dated 9th October, 1979 Civil Revision against the order dismissing his application for leave was set aside and he was granted leave to defend the eviction petition.

(3.) The respondent in his eviction application has alleged that the portion consisting of one room on the ground floor and one room (wooden partition room) and kitchen on the terrace floor, was let out to the appellant for residence on 16th May, 1957 at Rs. 100.00 per month excluding water and electricity charges.