SILVERTORE MANUFACTURING COMPANY OF INDIA Vs. USHA SOI

JUDGEMENT

(1.) The landlady has sued the tenant for ejectment on the ground of non-payment of rent. By order dated 28th May, 1983 the Rent Control Tribunal has held that the appellant tenant made a default in depositing two months' rent in pursuance of the order under Section 15(1) of the Delhi Rent Control Act (the Act) passed against him on 5-9-1979. On this ground it has upheld the ejectment of the tenant ordered by the Rent Controller and dismissed and tenant's appeal. The tenant appeals to this Court.

(2.) It is not in dispute that from the order dated 5-9-1979 under Section 15(1) of the Act passed by the Controller the tenant appealed to the Tribunal. That appeal came before Mr. P.K. Bahri who was then the presiding officer of the Tribunal. At the time of the admission of the appeal on 6-10-1979 he directed the tenant to deposit within 15 days the entire arrears of rent "after adjusting two months' rent for repairs". Subsequently the appeal was dismissed by the tribunal on 5-5-1980. By that time Mr. V.S. Aggarwal had succeeded to Mr. Bahri.

(3.) At the time of the final decision of the ejectment application the Controller, Mrs. Kamal Inder, found that the tenant had made several defaults in the payment of rent. On this finding she, by her judgment dated 23-1-1983, ordered the ejectment of the tenant. From that order the tenant again appealed to the tribunal. The tribunal passed the impugned order on 28-5-1983. holding that the tenant was liable to deposit the rent for two months after the dismissal of the appeal by the tribunal on 5-5-1980 which Mr. Bahri had ordered him not to deposit at the time of the admission of the appeal on 6-10-1979. It is true that two months' rent was withheld by the tenant and was not deposited on the ground of his claim for repairs, Mr. Bahri had permitted him not to deposit two months' rent. Though the tenant disputes the correctness of the finding of the tribunal he deposited on 30-5-1983 this amount of two months' rent also.