JAGAT SINGH Vs. SHYAM LAL

JUDGEMENT

(1.) The tenant had contended before the Rent Control Tribunal that the order under Section 15(2) of the Delhi Rent Control Act 1958 passed against him should have been restricted to the deposit of the arrears of rent due till the date of the application made by the landlord thereunder and that sub-Sectionof Section 15 does not contemplate that the Controller should order the tenant to pay rent pendente life. This contention was negatived by the Tribunal. Hence this second appeal.

(2.) The distinction between sub-Section (1) and sub-Section (2) of Section 15 are as follows : 1. While the petition for eviction on the ground of arrears of real falls under subSection (1), petition for eviction on other grouads falls under sub-Section (2). Therefore, while the Controller has to make an order under sub-Section (1) he would not make order under sub-Section (2)except on an application by the landlord.

(3.) Such an application under sub-Section (2) may be made by the landlord even though there are no arrears of rent but merely with a view to make the tenant to pay the rent regularly and on his failure to do so to seek an order from the Controller under sub-Section (7).