AVTAR KRISHAN BHATNAGAR Vs. KANWAL NARAIN

JUDGEMENT

(1.) This is a tenalt's appeal from the order of the Rent Control Tribunal dated November 4, 1978.

(2.) The landlord- respondent filed an application for eviction against the tenant-appellant on two grounds. One was the ground of non-payment of rent under clausc(a) of Section 14(1) of the Delhi Rent Control Act (the Act). The other was that the tenant had been allotted a residence. This is ground under clausc(h) of Section 14(1) of the Act. The Additional Rent Controller by orderated November 5, 1977 decided the ground of allotment of residence to the tenant against the landlords On the ground of nonpayment of rent he held that the tenant was in arrears of rent. But this being the first default he held that the tenant was entitled to the benefit under Section 14(2) of the Act So he allowed him to deposit the arrears of rent within one month failing which he was to be evicted. lf he com plied with his order, then he was not to be evicted. Another question regarding the rate of the rent. was also raised before the Controller. The landlord claimed rent at the rate of Rs 54.00 per month. The tenant said that rent was Rs 18.00 per month. This he decided in favour of the land" lord and held that the rent was Rs. 54.00 per month.

(3.) From the order of the Additional Controller the tenant appealed lo the Tribunal. The landlord cross-appealed. By order dated November 4, 1978, the Tribunal passed an order of ejectment on the ground of clause(h) of section 14(1) of the Act. It held that the tenant was alloted a residence and was liable to eviction. On the question of the rate of rent it came to the conclusion that the rent of the premises was Rs. 18.00 per month. From the order of the Tribunal, the tenant has come in second appeal to this Courts The landlord has field cross-objections in the appeal.