MAHLA RAM Vs. FAQUIR CHAND

JUDGEMENT

(1.) This second appeal is filed against the judgment passed by the Rent Control Tribunal on 12-5-1978, whereby he dismissed the appeal filed by the appellant-tenant and allowed the appeal filed by the respondent- landlords and passed an eviction order with respect to the premises in dispute on the ground cove"ed by clause (d) of proviso to sub-Section (1) of Section 14 of the Delhi Rent Control Act.

(2.) In brief, the facts of the case are that Faquir Chand and others, hereinafter referred to as the respondents, filed an eviction petition on 8-11-1971 with respect to the suit premises consisting of one room and 'dalan' in building bearing No. 7595, Sui Walan against Mahla Ram, hereinafter referred to as the appellant, on the ground of non-payment of rent non residence for continuous period of six months and on account of his having built or acquired another house in Kucha Neel Kanth. The Rent Controller Delhi vide his order dated 7-1-1974 directed the appellant to deposit i the Court arrears of rent attherateofRs.5.00 per month w.e.f. 10.1.1971 in terms of Section 15(1) of the Delhi Rent Control Act within one month of the date of order and benefit under Section 14(2) of the Delhi Rent Control Act was given to him. Other grounds on which eviction was sought were not accepted by the Rent Controller.

(3.) Both the parties challenged the order of the Rent Controller by filing two separate appeals. The Rent Control Tribunal vide his order dated 12-5-78 dismissed the appeal filed by the tenant and allowed the appeal filed by the landlord and passed an eviction order against the tenant on the ground under clause (d) of proviso to sub-section (1) of Section 14 of the Delhi Rent Control Act.