ALLIED ENGINEERS Vs. HARBAKSH GILL

JUDGEMENT

(1.) This second appeal under Section 39 of the Delhi Rent Control Act, 1958 (for short 'the Act') challenges the judgment and order dated 2nd April, 1984 of the Rent Control Tribunal confirming the order dated 6th March, 1984 of the Additional Rent Controller directing the tenant appellant to deposit the amount of Rs. 2362.50 as rent for the period ending 31st December, 1982 and arrears at Rs. 2887.50 per month from 1st January, 1983 onwards in accordance with Section- 15(1) of the Act.

(2.) The facts are that the respondent-landlady let out flat No. 13, 2nd floor, 'New Delhi House' 27, Barakhamba Road, New Delhi to the appellant for running an office with effect from 20th March; 1976 in terms of a lease deed dated 18th March, 1976 on a monthly rent of Rs. 2625.00 . The. initial period of lease was three years. It was renewed by mutual consent of the parties as per Clause 2, Part III of the said lease deed enhancing the rent by 10 per cent of the last paid rent. The monthly rent was thus increased to Rs. 2887.50.

(3.) The respondent on 2nd August, 1983 filed a petition under Section 14(1)(a) of the Act alleging that the appellant had neither paid nor tendered the arrears of rent in spile of service of a notice of demand dated 14th April, 1983. The respondent alleged that a sum of Rs. 2362.50 was due as arrears of rent at Rs. 262.50 per month for the period April, 1982 to December, 1982 and further rent was due at Rs. 2887.50 per month from 1st January, 1983. The respondent admitted that the appellant had deposited rent at Rs. 2625.00 per month for the period from April, 1982 to April, 1983 under Section 27 of the Act.