MOHAMMADATIQUE SIUDIQUI Vs. MUNSHI ANUSAHMED

JUDGEMENT

(1.) This Second Appeal against Order has been filed by Mohd. Atique Siddiqui against an order, dated October 20, 1972, of Shri G. C. Jain, Rent Control Tribunal, in Rent Control Appeal, R.C.A. No. 316 of 1972, whereby an order, dated March 22, 1972, passed by Shri V. S. Aggarwal, Additional Controller, Delhi, in Suit No. 83 of 1972, directing the appellant herein to deposit arrears of rent at the rate of Rs. 110.00 P.M. was affirmed.

(2.) The respondent, Munshi Anus Ahmed, filed an application under Section 14 of the Delhi Rent Control Act, 1958, for eviction of the appellant herein from the suit premises, inter alia on the ground that the appellant had not paid arrears of rent in spite of a demand. It was alleged in the application that the appellant had not paid the arrears of rent from April 1, 1971, at the agreed rate of Rs. 110.00 per month despite service of a notice of demand. In his written statement, the appellant admitted the relationship of landlord and tenant between himself and the respondent. He, however, pleaded that the standard rent of the premises could not be more than Rs. 10.00 per month, that rent from April 1, 1971, to August 31, 1971, at the rate of Rs. 110.00 per month was paid on September 2, 1971, but no receipt was given to him by the respondent, and that the ground of non-payment of arrears of rent was not available to the respondent as the latter had already received the arrears of rent and there was no notice for the subsequent period demanding the arrears of rent for the said period.

(3.) The appellant-tenant had earlier filed an application on August 17, 1971, under Section 9 of the Delhi Rent Control Act, 1958, for fixation of the standard rent. In that proceeding, Shri V. S. Aggarwal, Additional Rent Controller, Delhi, passed an order on March 7, 1972, under Section 10 of the Act fixing, by consent of the parties, interim rent for the premises at Rs. 55.00 per month during the pendency of the application for fixation of standard rent. The order stated that the interim rent was fixed with effect from August 17, 1971.