ANAND PRAKASH Vs. GAIN CHAND SWARA

JUDGEMENT

(1.) Mr.Chaman Dass and two others had filed an earlier application for eviction in 1968 against Gian Chand Swara on several grounds, including non-payment of rent. The tenant deposited the arrears of rent pursuant to an order passed under Section 15(1) read with section 15(3) of the Delhi Rent Control Act, 1958. As a result, the eviction application was dismissed on 3rd January, 1969. In those proceedings, the tenant had taken the plea of fixation of standard rent and the Rent Controller fixed the standard rent, but on appeal that order was set aside.

(2.) Chaman Lal. landlord, served a notice dated 7th February, 1971, Ex.A- 5, demanding the arrears of rent from the tenant w.e.f. 1st December. 1968 onwards. On 1st March. 1971. the landlord died and his legal representatives served notice under section 106 of the Transfer of Property Act dated 8th April, 1971, Ex.A- 2, by which they terminated the contract of tenancy and demanded the arrears of rent w.e.f. 1st December. 1968.

(3.) Anand Prakash and Others Vs. Gain Chand Swara and Others On 29th May. 1971. before the expiry of two months from the date of service of notice the legal representatives of the original landlord filed an application for ejectment of the tenant on the ground of non-payment of rent. The tenant contested the petition and pleaded that since the ejectment petition was filed within two months of the service of notice, the same was not maintainab!e.