MOHINDER PAL Vs. RAM RATI DEVI

JUDGEMENT

(1.) This appeal is directed against the order of the Rent Control Tribunal holding that the appellant had defaulted in making deposits in accordance with the order under Section 15 (1) of the Delhi Rent Control Act (hereinafter called "the Act") passed by the learned Additional Rent Controller. The fresh ground urged in this appeal, for the first time, is that this order under Section 15(1) was illegal and without jurisdiction.

(2.) The relevant facts are that the respondent filed an application for eviction of the appellant, amongst others, on the ground that he was in arrears of rent which he had not paid in spite of a duly served notice of demand and eviction In the reply filed by the appellant, the subsistence ot relationship of landlord and tenant as well as the rate of rent for the premises was admitted. The due service of the notice of demand and eviction was also not denied. On August 28, 1971, the learned Additional Rent Controller passed an order under Section 15 (1) of the Act requiring the appellant to deposit rent with effect from August 3, 1969 to August 28, 1971 at the rate of Rs. 70.00 per month. The tenant made some deposits but failed to deposit the rent month-by-month by the 15th of each month. On August 4, 1972 the respondent applied under Section 17 (7) for the defence of the appellant being struck out. By order dated October 30, 1972 the learned Additional Rent Controller accepted this application and struck out the defence of the appellant. Aggrieved from this the appellant filed an appeal before the Tribunal which was dismissed. Hence this second appeal.

(3.) The Tribunal, after looking into each deposit made by the appellant, agreed with the finding of the learned Additional Controller that the appellant had defaulted in making the deposits and this finding of the Tribunal is not being canvassed in this appeal.