BADAMI DEVI Vs. SHER SINGH

JUDGEMENT

(1.) "Whether tender or payment of advance rent by a tenant in compliance with the provisions of Section 15(1) of the Delhi Rent Control Act, 1958, before the Rent Controller would be a valid tender or not?", is the main point for consideration before me in this appeal.

(2.) Learned counsel for the appellant-landlord relies on the decision of the Supreme Court in Shri Vidya Prachar Trust v. Pt. Basant Ram, AIR 1969 SC 1273, but fairly concedes that there are two later judgments of the Supreme Court which go against the landlord. See: Duli Chand v. Moman Chand AIR 1979 SC 1307 and MangatJRai v. KidarNath, AIR 1980 SC 1709.

(3.) While in Duli Chand's case (supra) the decision in Vidya Prachar Trust (supra) was distinguished, but in Mangat Rai''s case (supra) that decision had sapecificaly been considered not laying down good law. It has been held in MangatRai (supra) that the deposit of rent whether with the Rent Controller or under Section 31 of the East Punjab Relief of Indebtedness Act, 1934, would be a valid tender within the meaning of section 15(1) of the Delhi Rent Control Act, 1958. It is also clearly held that even if an advance rent is paid by the tenant, that does not make the tender or deposit invalid.