SARAL DEV SHARMA Vs. LILA RAM

JUDGEMENT

(1.) This is one of the most extra ordinary cases that can be imagined. The landlord in this case brought an application for ejectment on the ground of non-payment of arrears of rent under Sec. 14(1)(a) of the Delhi Rent Control Act 1958 It was made clear in that application that the tenant had taken advantage of the provisions of section 1511) of the Act and avoided ejectment by making a deposit of the arrears of rent in a previous case. In the course of the proceedings before the Rent Controller, the previous order of the Rent Controller dismissing the previous application for ejectment on account of the deposit of arrears of rent was also filed and is Exhibit A-3 on the record. The said order is dated 30th Oct., 1965 and was passed by Shri Asa Singh Gill the then Rent Controller, who stated in the course of the order as follows :

(2.) The present eviction petition was instituted on 24th May, 1966 and the notice regarding non-payment of rent was dated 14th March, 1966 i.e. it was issued within a few months of the date of the said decision of Shri Asa Singh Gill.

(3.) In reply to the application for ejectment, the tenant stated that he had already deposited the rent demanded by the landlord from 1st April, 1965 in the previous ejectment petition and he specified the dates of the deposits He had also stated that so in his reply to the notice of demand sent by the landlord before the institution of the ejectment application. It is very important to notice the two dates The judgment of Shri Asa Singh Gill in the previous case was delivered on 30th Oct., 1965. The present ejectment case is based on non-payment of arrears of rent said to be due from 1st April, 1965.