BEGUM JAN Vs. MEHR NIGAR

JUDGEMENT

(1.) Mst. Mehr Nigar is a tenant in premises bearing No. 1037, Gali Anarwali, Kishen Ganj, Delhi, under the petitioner Mst. Begum Jan. The rent of the premises is Rs. 15.00per month. On 10th September 1966, the landlady served a notice of demand on the tenant, under Section 14(l)(a) of the Delhi Rent Control Act hereinafter referred to as the ("Act"), for the arrears of renter the period 1st July, 1964 onwards The tenant deposited the arrears of rent on 26th September, 1967 for the period 1st August, 1965 to 30th September, 1967. The rent for the period prior to 1st August, 1965 had also been deposited by the tenant. T.he above mentioned fads arc net in dispute

(2.) On 5it Decmber. 1967, the landlady filed an application under Section 14 of the Act for eviction of the tenant on the grounds of (a) non payment of rent, (b) misuser of the premises, and (e) sub-letting. On 3ih February, 1968, Shri S. R. Goel, Addl. Rent Controller, passed an order under section 14(1) of the Act directing the tenant to ,pay or deposit the arrears of rent with effect from 1st October, 1967 at the rate of Rs. 15/ per month within one month from the date of the order, and further pay future rent month by month by the 15th of each succeeding month.

(3.) Against the order of the Addl. Rent Controller dated 5th February 1968, the tenant went in appeal to the Pent Control Tribunal The Tribunal by an order dated 4th October, 1968, found that the tenant appellant having paid the arrears of rent for the period ending 30th September, 1967, the petition for her eviction on the ground of nonpayment of rent was not maintainable and accordingly allowed the appeal and set aside the order of the Controller. Against this order, the landlady has come in appeal to this court.