MOHINDER SINGH Vs. JAGAN NATH BANSAL

JUDGEMENT

(1.) The tenant in this second appeal under Section 39 of the Delhi Rent Cotrol Act, 1958 (for short 'the Act') challenges the judgment and order of the Rent Control Tribunal dated 17th August, 1979 confirming the order of the Rent Controller dated 7-4-77 passing an order of eviction against him under Section 14(l)(a) of the Act. On 23-4-73 Jagan Nath Bansal, respondent-landlord filed an application for eviction of Mohinder Singh, appellant-tenant from Shop No. 147 Pana Uddian, Bara Bazar, Narela. The respondent alleged that the appellant was his tenant in front portion of the said shop on a monthly rent of Rs. 75.00 . The grounds of eviction pleaded in para 18(a) of the application read as under :-

(2.) In para 18(b) the respondent alleged that notice dated 23-1-73 was given and served and no reply was received.

(3.) The appellant pleaded that the monthly agreed rent was Rs. 25.00 and not Rs. 75.00 , that the respondent had no cause of action against him, that he had paid or deposited rent for the period ending 30-4-73. The grounds of eviction alleged by the respondents were denied. The receipt of notice dated 23-1-73 was admitted by it was alleged that the same was invalid.