SUALIM Vs. SUNILA CHUGH

JUDGEMENT

(1.) This is a second appeal under Section 39 of the Delhi Rent Control Act. 1958 (hereinafter referred to as 'the Act') against the order of the learned Rent Control Tribunal dated of 22/7/1977 whereby the learned Rent Control Tribunal set aside the order dated 10/2/1977 passed by the learned Additional Rent Controller, Delhi and ordered that the defence of the appellant be struck off under Section 15(7) of the Act.

(2.) The facts leading to the appeal are that on 15-5-1972 a petition was filed for eviction of the appellant by the respondent on various grounds including ejectment on the ground of non-payment of rent. It was stated by the landlord in the ejectment application that the arrears of rent are due @ Rs 59-62 ps. since 1-10-1955 which have not been paid inspite of notice of demand.

(3.) In relation to this claim the plea of the appellant was that the rate of rent was Rs. 26-25 ps. per month and not Rs. 59-62 ps. per month. The receipt of notice of demand was denied and it was also pleaded that there was no question of refusal to accept notice of demand. It was also denied that any notice was affixed on the premises.