PREM CHAND Vs. SHER SINGH GUPTA

JUDGEMENT

(1.) The appellants-landlords filed a petition for eviction of the respondent in February 1967 on the grounds mentioned in clauses (a)&(e) of the proviso to section 14(1) of the Delhi Rent Control Act, 1958 (for short 'the Act). Rent was claimed from 1st March, 1964 @ Rs. 67.50. They alleged that a notice of demand dated 15th October, 1966 was served upon the respondent but he neither paid nor tendered any amount. In the written statement the respondent alleged that in other proceedings interim rent was fixed at Rs. 55.00 per month. The Additional Controller therefore passed an order dated 28th July, 1967 under section 15(1) of the Act directing the respondent to deposit arrears of rent fromlstMarch,1964atRs.55.00 per month and future rent at the said rate by the 15thofthe succeeding month till the decision of the case.

(2.) By order dated 20th July, 1976 the Additional Controller held that the respondent had failed to comply with the order passed under Section 15(1) of the Act. He therefore passed an order of eviction under Section 14(l)(a) of the Act. The other ground of eviction under Section l4(l)(e) of the Act was negatived.

(3.) On appeal the Rent Control Tribunal by order dated 27th September, 1979 confirmed the order of eviction on ground of non-payment of rent. During the pendency of the appeal before the Tribunal there was no stay of the eviction order. The appellants in execution obtained possession of the premises on 9th October, 1976.