JASWANT SINGH Vs. GURBAX SINGH KOHLI

JUDGEMENT

(1.) The facts giving rise to this second appeal are that Shri Gurbax Singh Kohli, hereinafter referred to as the respondent, led out the suit premises No. G-11 Man Sarovar Garden, New Delhi to Shri Jaswant Singh deceased for a limited period of three years with the permission of the Addl. Rent Controller under Section 21 of the Delhi "Rent Control Act with effect from 24th May, 1980. After the completion of the tenancy period of three. years, the tenant did not vacate the premises with the. result that the landlord respondent bad to file an application for recovery of possession of the tenanted premises under Section 21. In the execution proceedings Shri Jaswant Singh (deceased, now represented by LRs) filed objections challenging the right of the landlord to recover the possession from him. During the pendency of those objections the landlord filed an application under Section 15(2) of the Delhi Rent Control Act claiming arrears of rent and the Court passed an order under Section 15(2) on 30-9-84 directing Shri Jaswant Singh to pay or deposit the arrears of rent @ Rs. 550.00 from 1.5.83 within one month of the order and to pay future rent month by month. Shri Jaswant Singh died on 9th October, 1984. He had deposited rent till his death. An application for bringing the legal heirs of the deceased Shri Jaswant Singh was filed and the legal heirs were brought on record on 29.3.85. The legal representatives of the deceased Shri Jaswant Singh did not pay or deposit the rent after the death of Jaswant Singh though the Order under Section 15(2) Delhi Rent Control Act was in 'existence. On 3.5.85 the landlord filed an application u/Sec. 15(7) of the Delhi Rent Control Act for striking out the defence of the appellant tenant on the ground that rent npto September, 1984 was deposited and rent for the subsequent period was neither paid nor deposited in the Court and the defence is liable to be struck out. Despite opportunities granted to the legal representatives of the deceased Jaswant Singh (appellants herein) no reply was filed to that application and the Rent Controller after hearing the counsel for the parties ordered striking out the defence of the appellant and dismissed the objection filed by Jaswant Singh holding that the default was contumacious and willful.

(2.) The order of the Addl Rent Controller was challenged before the Rent Control Tribunal, who upheld the order passed by the Addl Rent Controller and dismissed the appeal vide order dated 1.11.1985.

(3.) Aggrieved, this second appeal has been filed before me. The facts are not disputed and it is admitted case of the parties that order under Section 15(2) of the Delhi Rent Control Act was passed against Jaswant Singh, predecessor of the present appellants, to pay or deposit the arrears of rent w.e.f. 1.5.83 till the passing of the order within one month and to pay the future rent monthly by moth by 15th of each succeeding month. It Is not in dispute that Jaswant Singh died on 9th October, 1984 and thereafter the legal representatives of Jaswant Singh who are appellants herein did not deposit the rent as per order under Section 15(2) of the Delhi Rent Control Act and thereafter an application under Section 15(7) of the Delhi Rent Control Act was moved for striking out their defence.