DEVI DAYAL Vs. ZAMANI BEGUM

JUDGEMENT

(1.) This second appeal has been filed by the tenant under Section 39 of the Delhi Rent Control Act 59 of 1958 (hereinafter referred to as 'the 'Act'), against the appellate order of Mr G. C. Jain. Rent Control Tribunal, dated 25th April, 1973, by which he has dismissed in limine the appeal of the tenant and affirmed the order of Mr. Mohd. Shamim, Additional Controller, dated 21sit April, 1973, finally maintaining the order of eviction passed against the appellant on the ground of non-payment of rent.

(2.) The material facts of the case are that the appellant is a tenant under the respondent in respect of a portion of house No. 8/356, Katra Sheikh Raza, Hauz Kazi, Delhi on a rent of Rs. 35 per month. The respondent landlady served a notice dated 27th October, 1969 on the appellant on 30th October, 1969 demanding arrears of rent for the period from 1st April, 1969 and not getting response she instituted the petition giving rise to the present appeal on llth June, 1970 for eviction of the tenant on the ground of non-payment of rent being ground specified in clause (a) of the. proviso to subsection (1) of Section 14 of the Act. It was alleged in the petition (and, it is significant to notice) that the appellant tenant had not paid rent since 1st May, 1964 and the respondent landlady was obliged to institute the suit for recovery of the amount from. the said date up to March, 1967, which suit was decreed for payment of Rs. 1,260. The non-payment of rent subsequent to the period covered by the said suit was claimed as a ground of eviction. During the pendency of the petition. Mr. Jaspal Singh, Additional Controller passed an order on 30th September, 1970 under Section 15 (1) of the Act directing the appellant tenant to deposit arrears of rent with effect from 1st May, 1967 at the rate of Rs. 35 per month and continue to pay future rent at the said rate by the 15th day of the succeeding month. It appears that the appellant deposited the arrears of rent, but admittedly committed default in payment of future rent for one of the months namely February, 1971. Eventually on 4th April, 1972 the Controller struck off the defence of the appellant under sub-section (7) of Section 15 of the Act. An appeal against the said order striking off the defence was dismissed by the Rent Control Tribunal on 27th October, 1972. The result is that the order striking off the defence of the appellant has become final.

(3.) Thereafter, the respondent landlady produced ex parte evidence in support of the claim and having established it to the satisfaction of the Additional Controller, has obtained an order for eviction by the impugned order, dated 21st April, 1973. Feeling aggrieved the appellant before me filed an appeal before the Rent Control Tribunal, which failed. The Rent Control Tribunal after hearing the counsel recapitulated the facts mentioned above and in particular noticed that the appellant had deposited a sum of Rs. 1505 on 27th October, 1970 within one month of the order of the Controller dated 30th September, 1970 under Section 15 (1) of the Act as against Rs. 1,435 which was the arrears due from 1st May, 1967 to 30th September, 1970. He, however, found that the appellant had committed default in payment of rent for subsequent period. It was pressed before the Tribunal that the appellant was not liable to eviction since he had deposited the arrears of rent which was the subject-matter of the notice and the eviction petition and that his failure to deposit future rent in accordance with Section 15 (1) of the Act did not constitute a default for which the petition for eviction could be allowed. The Tribunal did not find any force in the submission and dismissed the appeal in limine.