N C GAUR Vs. S V MAHINDRA

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 21st September 1983 of the Rent Control Tribunal confirming the order of the Additional Controller dated 20th July, 1983 directing the appellant-tenant to deposit all arrears of rent at Rs. 250.00 per month for the period from 1st September, 1981 within one month from the date of the order and to deposit future rent month by month by the 15th of the succeeding month.

(2.) Briefly the facts are that the appellant is a tenant under the respondent in a portion of the property at C-2D/45-A, Janakpuri New Delhi on a monthly rent of Rs. 250.00 besided electriety and water charges. The respondent-landlord is alleged to have served a notice of demand dated 22nd November, 1981 requiring the appellant to pay all rents due for the period from 1st January, 1981. The tenant remitted Rs. 1000.00 rent for the period from 1st January, 1981 to 30th April, 1981 on 24th December, 1981 and Rs. 1000.00 rent from 1st May, 1981 to 31st August, 1981 on 31st December 1981 by money order to the respondent.

(3.) On or about 17th September, 1982 the respondent filed the eviction petition on various grounds including the ground of non-payment of rent alleging that the appellant-tenant has neither paid nor tendered the whole of the arrears of rent for the period ending 30th November, 1981 within two months of the service of notice of demand.