HARBHAGWAN PRABH DAYAL Vs. MOHAMMAD ISHAQ

JUDGEMENT

(1.) This order will dispose of this second appeal No. SAO 410/85 and fourty three other connected second appeals (bearing No. SAO 38/86, to 41/86, 221/86 to 226/86, 147/87, 159/87 to 161/86, 167/87 to 181/87, 185/87 to 194/87, and 198/87 to 201/87) as common questions of law and facts are involved in these appeals.

(2.) To brief, the facts are that S/Shri Harbhajan Prabh Dayal sons of late Shri Jal Kishan Dass, hereinafter referred to as the appellants, had filed applications under Section 27 of the Delhi Rent Control Act against Mohd. Ishaq (now deceased) for depositing of rent for the shop in dispute with the allegation that the respondent bad been avoiding to receive rent since 1.7.77. He wanted to and enhance the rent as such with malafide Intention he was not accepting rent though tendered to him legally. Even despite service of notice dated 15.12.77 Mohd Ishaq. refused to accept the same and in these circumstances the appellant was forced to deposit the arrears of rent under Section 27 of the Delhi Rent Control Act after obtaining the order of the Addl. Rent Controller in this regard.

(3.) The appellant continued to deposit rent month by month in the Court of the Addl. Rent Controller after obtaining the order in this regard as the respondent refused to accept the rent tendered to him in accordance with the provisions of the Delhi Rent Control Act.