USMAN Vs. MOHAMMAD SIDDIQ

JUDGEMENT

(1.) This second appeal is directed against the order of the Rent Control Tribunal, Delhi dated September 4, 1976.

(2.) The appellant Mohd. Usman was admittedly in possession of the premises in dispute bearing municipal No. 1754, GaliMirJumla,LalKuan Bazar, Delhi, as a tenant under the respondents Mohd. Siddiq and Mohd. Salim on a monthly rent of Rs. 23.00 . On October 5, 1967 the respondents made an application to the Competent Authority under the Slum Areas (Improvement and Clearance) Act, 1956 seeking permission to file an application for eviction of the appellant from the said premises on the grounds of non payment of rent, substantial damages to the disputed premises and sub letting. The Competent Authority by its order dated Dec. 11, 1968 granted the permission to institute eviction proceedings against the appellant but only on the ground of non payment of rent. The respondents thereafter made an application for eviction of the appellant under proviso (a) to sub-section (1)of Section 14 of the Delhi Rent Control Act (hereinafter called the Act) i.e. on the ground of non-payment of rent. The said application was dismissed giving the appellant benefit of Section 14(2) of the Act.

(3.) The respondents filed a second application for eviction on the ground of non-payment of rent on September 19, 1973. It was averred that the appellant had not paid the arrears of rent due from May 1, 1972 inspite of service of the notice of demand and was not entitled to the benefit of the provisions contained in Section 14(2) of the Act having already enjoyed the benefit of these provisions in the earlier application. Holding that the appellant had not paid the arrears of rent within two months of the service of the notice of demand and had committed second default for more than three consecutive months, an order for eviction of the tenant was made by the Rent Controller on August 16, 1974. The appeal filed against the said order was dismissed by the Rent Control Tribunal on September 4, 1976. Hence this second appeal.