OM PRAKASH AND SONS Vs. S N SAPRU

JUDGEMENT

(1.) The appellant is a tenant under the respondent and is in occupation, as such, of the premises in dispute on a monthly rent of Rs. 2,250/-. Arrears of rent were claimed from February 1, 1971 which were stated to have not been paid in spite of a notice of demand.

(2.) The tenancy and the rate of rent were not disputed, nor was the period for which the arrears of rent were claimed. The defence was that the landlord respondent had not carried out certain necessary repairs, which were required to be carried out at a cost of about Rs. 10,250/-. The arrears of rent were said to have been withheld on that account. The validity and the factum of a notice terminating the contractual tenancy was also disputed.

(3.) The Additional Controller directed the appellant to deposit the arrears of rent at the said rate of Rs. 2,250/- per month with effect from February 1, 1971 within one month from the date of the order and also to deposit future rent month by month by the 15th, day of each succeeding month. The tenant's appeal against this order was dismissed by the Rent Control Tribunal with costs.